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

Atty. Ian Gonzales

14 Jun 202107:28

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

00:00

📚 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.

05:01

🔍 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

Prospectivity refers to the principle that laws apply only to actions committed after the laws take effect. In the video, it is explained that criminal law penalizes crimes committed on or after its effective date, ensuring that individuals are only punished for actions that are legally defined as crimes at the time they are committed.

💡Revised Penal Code

The Revised Penal Code is a legal code in the Philippines that outlines criminal offenses and their corresponding penalties. The video discusses provisions from this code, including the principle of prospectivity and specific articles like Article 21, which emphasizes that no felony shall be punishable by any penalty not prescribed by law prior to its commission.

💡Article 21

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. This article underpins the principle of prospectivity, ensuring that individuals are not retroactively punished for actions that were not crimes when committed.

💡Retroactive Application

Retroactive application refers to the application of a law to events or actions that occurred before the law was in effect. The video explains that while criminal laws generally have prospective application, there are exceptions where laws can be applied retroactively, such as when they are favorable to the accused or when they decriminalize certain acts.

💡Habitual Delinquent

A habitual delinquent is someone who repeatedly commits crimes. The video notes that laws favorable to the accused are not applied retroactively to habitual delinquents, meaning those with a history of repeated offenses do not benefit from the leniency of new, more favorable laws.

💡Ex Post Facto Law

An ex post facto law is one that retroactively changes the legal consequences of actions that were committed before the enactment of the law. The video emphasizes that the constitution prohibits ex post facto laws, which is why criminal laws are generally prospective unless specified otherwise.

💡Decriminalization

Decriminalization involves removing criminal sanctions against certain acts. The video provides an example of Republic Act 10158, which decriminalized vagrancy, illustrating how acts that were once punishable can be rendered non-punishable by new laws.

💡Republic Act 10158

Republic Act 10158 is a law that decriminalized vagrancy in the Philippines. The video uses this act as an example of how decriminalization works, explaining that acts of vagrancy are no longer punishable under the Revised Penal Code, reflecting a shift towards viewing vagrants as victims rather than criminals.

💡Nullum Crimen, Nulla Poena Sine Lege

This Latin phrase means 'no crime, no punishment without law.' It underscores the principle that one cannot be punished for an act that is not defined as a crime by law. The video references this principle when discussing the retroactive application of laws that decriminalize certain acts.

💡Reclusion Perpetua

Reclusion perpetua is a type of long-term imprisonment in the Philippines, ranging from 20 years and one day to 40 years. The video uses this term when discussing the penalty for murder and how a new law reducing the penalty from reclusion perpetua to a lesser punishment would affect individuals convicted under the old law.

💡Arresto Menor

Arresto menor is a form of imprisonment in the Philippines, lasting from one to thirty days. The video uses this term to illustrate how the penalty for murder could be reduced under a new law, showing the contrast between severe and minor punishments.

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.