Characteristics of Criminal Law Part 1 #cupnotes #lawschool #reviewer

Summary

In this video, the speaker delves into the characteristics of criminal law, focusing on generality, territoriality, and prospectivity. The speaker explains these terms in detail, helping viewers understand how generality pertains to people, territoriality to place, and prospectivity to time. While covering generality, they highlight the exceptions, such as treaties like the Visiting Forces Agreement and laws of preferential application. The video also touches on exemptions in criminal jurisdiction under public international law. Viewers are encouraged to check the next vlog for discussions on territoriality and prospectivity.

Takeaways

• 🎯 The topic of the vlog is the characteristics of criminal law.
• 📜 There are three main characteristics of criminal law: generality, territoriality, and prospectivity.
• 🌍 Generality pertains to people, meaning penal laws apply to everyone living or staying in the Philippines, with some exceptions.
• 🗺️ Territoriality refers to place, meaning criminal law is enforced within the country's territorial boundaries.
• ⏳ Prospectivity refers to time, meaning criminal laws apply to future actions, not past ones.
• 🔍 Generality's exceptions include laws of preferential application and international treaties, such as the Visiting Forces Agreement (VFA).
• ⚖️ The VFA allows the U.S. to request a waiver of jurisdiction over certain cases involving their forces in the Philippines.
• 🚢 Warships from foreign countries are considered an extension of their own territory, even when docked in the Philippines.
• 👑 Under public international law, heads of state and diplomats are exempt from the Philippines' criminal jurisdiction.
• 🔑 Consoles and commercial representatives do not enjoy the same immunity as diplomats under public international law.

Q & A

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

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

What does the characteristic of generality in criminal law pertain to?

Generality pertains to people, indicating that penal laws are binding to all who live or sojourn in the Philippines.

What is the meaning of territoriality in the context of criminal law?

Territoriality refers to the place, meaning that criminal laws apply within the territorial boundaries of the country.

What does prospectivity in criminal law signify?

Prospectivity pertains to time, indicating that the laws are forward-looking and apply to future actions.

Can you give an example of a treaty that acts as an exception to the general rule of criminal jurisdiction in the Philippines?

An example is the Visiting Forces Agreement (VFA), which allows the Philippines to waive jurisdiction under certain conditions requested by the U.S.

Who are exempt from arrest and imprisonment under RA 75?

Public ministers, ambassadors, and domestic servants of ambassadors and public ministers are exempt from arrest and imprisonment under RA 75.

What is the 'warship rule' in the context of criminal jurisdiction?

The 'warship rule' states that a warship of another country, even when docked in the Philippines, is considered as an extension of the territory of its respective country and cannot be subjected to the laws of the Philippines.

Who are exempt from criminal jurisdiction under the principle of public international law?

Sovereigns, heads of state, charges d'affaires, ambassadors, ministers plenipotentiary, and ministers resident are exempt from criminal jurisdiction under the principle of public international law.

Are consuls and vice consuls exempt from criminal jurisdiction in the Philippines?

No, consuls, vice consuls, and other commercial representatives of foreign nations cannot claim the privileges and immunities accorded to ambassadors and ministers, and therefore, are not exempt from criminal jurisdiction.

What will be discussed in part two of the vlog series on the characteristics of criminal law?

Part two will provide a detailed discussion on the other two characteristics of criminal law: territoriality and prospectivity.