Characteristics of Criminal Law; Criminal Law Discussion

Summary

This video from Mr. Criminology explores the three key characteristics of criminal law: generality, territoriality, and prospectivity. Generality mandates that all individuals in the Philippines, regardless of nationality, are subject to the same criminal laws. Territoriality asserts that Philippine criminal laws only apply within its borders, with exceptions like extraterritoriality discussed in upcoming videos. Prospectivity ensures that criminal laws apply to crimes committed after the law's enactment, with exceptions for favorable laws, decriminalized acts, and laws that expressly allow retroactivity. The video promises to delve into these nuances in more detail.

Takeaways

• 📚 The video discusses the characteristics of criminal law, focusing on generality, territoriality, and prospectivity.
• 🌐 Generality means that criminal law applies to everyone, including foreigners, within the territory of the Philippines.
• 👤 Exceptions to generality include heads of state and diplomatic missions who have immunity from suit.
• 🏠 Territoriality indicates that Philippine criminal laws are enforceable only within the country's borders.
• 🚫 Crimes committed outside the Philippines are not under the jurisdiction of Philippine authorities for prosecution.
• 📜 Treaty stipulations and international agreements can affect the application of criminal law, such as the Visiting Forces Agreement.
• 📝 Prospectivity means that criminal laws apply to crimes committed after the law's effectiveness; it does not retroactively punish past acts.
• 🔄 Exceptions to prospectivity include laws that are favorable to the accused, decriminalize an act, or expressly provide for retroactivity.
• 🏛 The video also touches on the concept of 'ex post facto' laws, which are not allowed and would make a law retroactive.
• 📈 The discussion highlights the nuances of how criminal law operates within a country's jurisdiction and the exceptions that can apply.

Q & A

What are the three characteristics of criminal law discussed in the video?

The three characteristics of criminal law discussed in the video are generality, territoriality, and prospectivity.

What does the generality characteristic of criminal law imply?

The generality characteristic implies that penal or criminal laws are obligatory upon all who live or sojourn in the Philippine territory, regardless of whether they are foreigners or Filipino citizens.

Are there any exceptions to the generality characteristic of criminal law?

Yes, there are exceptions such as heads of state and heads of diplomatic missions who have immunity from suit, and certain treaty stipulations and international agreements that may provide for different jurisdictions.

Can you provide an example of an exception under the generality characteristic?

An example is the Visiting Forces Agreement, where American personnel who commit a crime in the Philippines are subject to custody and trial by US Military authorities, not the Philippines.

What is the territoriality characteristic of criminal law?

Territoriality means that penal laws of the Philippines are enforceable only within its territory, and crimes occurring outside the Philippines are not within the jurisdiction of Philippine authorities.

Is there an exception to the territoriality characteristic?

Yes, the principle of extraterritoriality is an exception, which will be discussed in a subsequent video along with the French rule and English rule.

What is the prospectivity characteristic of criminal law?

Prospectivity means that criminal law must punish crimes committed after its effectivity. Acts or omissions committed before the law became effective cannot be punished by it.

Are there any exceptions to the prospectivity characteristic?

Yes, there are exceptions such as when the law is favorable to the accused, when the law decriminalizes an act, or when the law expressly provides retroactivity.

What does it mean for a law to be favorable to the accused?

A law is considered favorable to the accused if it reduces the penalty for a crime, such as changing a penalty from 10 years to 6 years, which could be applied to a pending case even if the crime was committed before the law was effective.

Can you give an example of a situation where a law decriminalizes an act?

If a person was arrested for vagrancy and a new law decriminalizes vagrancy, the new law could be applied retroactively to release the person from punishment.

What does it mean for a law to expressly provide retroactivity?

It means that the law itself states that it can be applied to acts or omissions that occurred before it became effective, as long as it is not considered an ex post facto law.