PROSPECTIVITY PRINCIPLE | CHARACTERISTIC OF CRIMINAL LAW | 7-minute Explanation!!! Lecture Series

Summary

This lecture video series on criminal law, presented by Ian Gonzalez, covers the principle of prospectivity. It explains that criminal laws apply only to actions committed after the law's enactment. Article 21 of the Revised Penal Code states that no crime can be punished without a pre-existing law. The lecture highlights conditions for retroactive application: when laws favor the accused (non-habitual delinquents), decriminalize actions, or explicitly state retroactivity. Examples and explanations illustrate these principles, ensuring clear understanding for students and enthusiasts of criminal law.

Takeaways

• 📚 The lecture series is designed for students of criminology, political science, legal management, and others interested in criminal law.
• 📖 The focus is on the salient topics and provisions of the revised penal code, jurisprudence, doctrines, principles, and selected special penal laws.
• 🔍 The third characteristic of criminal law discussed is 'prospectivity', which is the principle that penal laws apply only to crimes committed on or after the law's effectivity.
• ⏳ Article 21 of the revised penal code emphasizes that no felony shall be punishable by any penalty not prescribed by law prior to its commission.
• 🚫 Under the principle of prospectivity, acts committed before the law's effectivity are not punishable, as there must be a law in place to define and punish a crime.
• 🔄 There are exceptions where laws can have retroactive application, such as when the law is favorable to the accused, the act is decriminalized, or the law expressly provides for retroactivity.
• 👤 The retroactive application of a law is allowed if the accused is not a habitual delinquent and the law is favorable to them, for example, reducing the penalty for a crime.
• 🆓 If a law decriminalizes an act, the principle of 'nullum crimen, nulla poena sine lege' applies, meaning the act is no longer punishable and pending cases should be dismissed.
• 📜 Congress can insert a provision for retroactivity in a law, which the courts must honor, even if the offender is a habitual delinquent.
• 📝 The general rule is that laws have a prospective application, but they can be applied retroactively under specific conditions outlined in the lecture.
• 👋 The lecture is concluded by Ian Gonzalez, who invites the audience to join the next session, emphasizing the importance of understanding the prospectivity principle in criminal law.

Q & A

What is the primary focus of this lecture series?

The lecture series focuses on covering the salient topics and provisions of the revised penal code, various jurisprudence doctrines, principles, and selected special penal laws.

Who can benefit from this lecture series?

Criminology, political science, and legal management students, as well as anyone taking up criminal law or interested in learning about criminal laws, can benefit from this lecture series.

What is the third characteristic of criminal law discussed in this lecture?

The third characteristic of criminal law discussed in this lecture is prospectivity.

What does the principle of prospectivity in criminal law mean?

The principle of prospectivity means that criminal law penalizes crimes committed on or after its effectivity, as stated in Article 21 of the revised penal code.

Can you give an example illustrating the prospectivity principle?

Yes, if a law against taking selfies is passed today but becomes effective at the end of the month, any selfies taken before the law's effectivity are not punishable, while those taken on or after its effectivity are.

Are there exceptions to the prospective application of criminal laws?

Yes, there are three exceptions where laws must be applied retroactively: when the law is favorable to the accused who is not a habitual delinquent, when an act is decriminalized by a law, and when the law expressly provides for its retroactive application.

What are the conditions for a law to be applied retroactively when it is favorable to the accused?

The conditions are that the law must be favorable to the accused and the accused must not be a habitual delinquent.

What happens if a new law reduces the penalty for a crime for a person who is already serving a sentence?

If the new law reduces the penalty and the person is not a habitual delinquent, the person may be released if they have already served longer than the new penalty requires.

What is an example of a law that decriminalizes an act?

Republic Act 10158, which decriminalizes vagrancy under Article 202 of the revised penal code, is an example. It was passed because vagrants or prostitutes are considered victims of poverty who should be protected rather than punished.

Can Congress insert a provision of retroactivity in a law?

Yes, Congress can insert a provision of retroactivity in a law, subject to the constitutional prohibition on ex post facto laws.

What should be remembered about the general rule of the application of laws?

As a general rule, laws shall have a prospective application. However, they can be applied retroactively if they are favorable to the accused who is not a habitual delinquent, if they decriminalize an act, or if they expressly provide for retroactivity.