PROSPECTIVITY PRINCIPLE | CHARACTERISTIC OF CRIMINAL LAW | 7-minute Explanation!!! Lecture Series
Summary
TLDRThis 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.
Outlines
📚 Prospectivity Principle in Criminal Law
The first paragraph introduces the topic of the video, which is the discussion of the third characteristic of criminal law—prospectivity. It explains that criminal laws only apply to crimes committed on or after the law's effectivity, as per Article 21 of the Revised Penal Code. The video provides an example involving a law against taking selfies in dangerous situations to illustrate the principle. It also mentions exceptions to the general rule of prospectivity, where a law can be applied retroactively under three conditions: when the law is favorable to a non-habitual delinquent accused, when an act is decriminalized, and when the law expressly provides for its retroactive application.
🔍 Exceptions to Prospectivity in Criminal Law
The second paragraph delves deeper into the exceptions for the retroactive application of criminal laws. It first discusses the scenario where a law is favorable to an accused who is not a habitual delinquent, using the example of a law reducing the penalty for murder and its impact on a convicted individual's sentence. The paragraph then covers the decriminalization of acts, citing the decriminalization of vagrancy under Republic Act 10158 as an example, and the principle of nulla poena sine lege. Lastly, it addresses the third condition for retroactivity, where a law can expressly provide for its retroactive effect, even for habitual delinquents, subject to constitutional limitations. The video concludes with a summary of the main points and a sign-off from the speaker, Ian Gonzalez.
Mindmap
Keywords
💡Prospectivity
💡Revised Penal Code
💡Article 21
💡Retroactive Application
💡Habitual Delinquent
💡Ex Post Facto Law
💡Decriminalization
💡Republic Act 10158
💡Nullum Crimen, Nulla Poena Sine Lege
💡Reclusion Perpetua
💡Arresto Menor
Highlights
Introduction to the lecture series on criminal law covering salient topics and provisions of the revised penal code.
Prospectivity principle of criminal law penalizes crimes committed on or after its effectivity.
Article 21 of the revised penal code states that no felony shall be punishable by any penalty not prescribed by law prior to its commission.
Example given on the prospectivity application of criminal law regarding a new law against selfies.
Prospective application of criminal laws ensures acts prior to the law's effectivity are not punishable.
General rule: laws have prospective application and do not acquire the character of an ex post facto law.
Retroactive application of laws is possible under three conditions.
First condition: Law must be favorable to the accused who is not a habitual delinquent.
Example provided where the penalty for murder is reduced and its retroactive effect on a convict.
Second condition: Law decriminalizes an act, applying the principle of nullum crimen nulla poena sine lege.
Example provided of Republic Act 10158 which decriminalizes vagrancy.
Third condition: Law expressly provides for its retroactive application.
Congress can insert a provision of retroactivity subject to the constitutional prohibition on ex post facto laws.
Summary: Laws generally have prospective application but can be applied retroactively if they meet specific conditions.
Conclusion of the discussion on the prospectivity principle of criminal law with a promise of future lectures.
Transcripts
[Music]
good day guys
today we shall continue the series of
lecture videos for criminal law
among electoral vegas nato shall only be
short
compact and direct to the point we shall
only cover the salient topics and
provisions of the revised penal code
various jurisprudence doctrines
principles
and selected special penal laws this
lecture series can actually be used by
criminology
political science and legal management
students
however all students who are taking up
criminal law
and all those who want to learn about
the criminal laws
are very welcome here in our lecture
cities
for this lecture video we shall discuss
the third
characteristic of criminal law and that
is
prospectivity so let us now start our
discussion under the prospectivity
principle
criminal law penalizes crimes committed
on
or after its effectivity
the prospective application of criminal
laws
is actually found in article 21 of the
revised penal code
as it provides that no felony shall be
punishable
by any penalty not prescribed by law
prior to its commission to better
understand the prospectivity application
of the criminal law
let me give you an example assuming that
today
allo is passed paragoing sankriman
angk's selfie
at the end of the month and following
the publication requirement
of allo
against selfie now
prior to the effectivity of the law
putting for departing mag selfie without
incurring
a criminal liability the hindi panama
effective
there is no crime if there is no law
punishing it
hence all acts of selfieing
prior to the effectivity of the law
shall not be punishable
on or after its effectivity don lang
pueden ma penalize amanga mahuling
magsa selfi now it is to note
that allo as a general rule shall have a
prospective application
so that they shall not acquire the
character of an
exposed factor law however
it can also be given a retroactive
application
there are three conditions where in-laws
must be applied
retroactively first when the law is
favorable to the accused
who is not a habitual delinquent second
when an act is decriminalized by a law
and third when the loss expressly
provides for its retroactive
application now we discuss them
one by one first
a law must have a retroactive
application
when a law is favorable to the accused
who is not habitual delinquent
here two requisites must be present
first the law is favorable to the
accused and second
the accused is not a habitual delinquent
let me give you a simple example patamas
so the crime of murder has reclusion
perpetua as its punishment
that is an imprisonment of at least 20
years and one day
to amid to a maximum of 40 years
assuming this year 2021 a law is passed
reducing the penalty of murder from
regulation perpetua
to arrest angaresto menor is an
imprisonment of
one to thirty days assuming
baby amma was convicted of murder say
for example
in january of this year and was
sentenced to an
imprisonment of 40 years he is supposed
to serve his penalty up to 2061 right so
40 years however
because of the new law and assuming that
he is not
a habitual delinquent he can now be set
free because he already has served
imprisonment
longer than what is required by the new
law sumo banana don't say 1 to 30 days
however if he is a habitual delinquent
hindi maga place retroactive character
batas second
allo must have a retroactive application
if it is if it decriminalizes
an act here and that increments
if this happens the principle the
principle of null lumkim
nulla pena sinelege applies
if an act is decriminalized then it is
no longer punishable
for example republic act 10158
decriminalizes vagrancy under article
202 of the device penal code
because vagrants or prostitutes are
victims of poverty
who should be protected rather than be
punished
to add if an act has been decriminalized
while the case is pending the case shall
be dismissed
habitual delinquent accused
third allo must have a retroactive
application
if it expressly provides retroactivity
it is to note that congress in passing a
law
can insert a provision of retroactivity
subject to the constitutional
prohibition on
exposed facto law now
if allah expressly provides
retroactivity
the court must give retroactive effect
to this law
kahitpang offender isang habitual
delinquent to sum it up
we should always remember that laws as a
general rule
shall have a prospective application
however they can be applied
retroactively
if the following conditions are present
first
if the law is favorable to the accused
who is not habitual delinquent
second if a law decriminalizes an act
and third if there is an express
provision of the law
providing for its retroactive
application
so this ends our discussion for the
prospectivity principle of the criminal
law
i am ian gonzalez telling you
see you again next time thank you and
god bless
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