Summary of Characteristics of Criminal Law; Criminal Law Discussion

Summary of Video: Characteristics of Criminal Law; Criminal Law Discussion

The video discusses three main Characteristics of Criminal Law, specifically in the context of Philippine law. These characteristics are generality, territoriality, and prospectivity.

Main Ideas and Concepts:

Generality:
- Criminal laws apply to everyone within the Philippine territory, regardless of nationality.
- Exceptions to this rule include:
  - Immunity of Heads of State: Foreign leaders cannot be prosecuted for crimes committed while in the Philippines.
  - Treaty Stipulations: For example, under the Visiting Forces Agreement, U.S. military personnel committing crimes in the Philippines are subject to U.S. military jurisdiction.
  - Loss of Preferential Application: Specific laws, such as the Code of Muslim Personal Laws (PD 1083), may exempt certain groups (e.g., Muslims) from standard criminal laws like bigamy.
Territoriality:
- Philippine criminal laws are enforceable only within the country's borders; crimes committed outside the Philippines are not subject to Philippine law.
- An exception exists under the principle of extraterritoriality, which will be discussed in a future video.
- A distinction is made between generality (who committed the crime) and territoriality (where the crime occurred).
Prospectivity:
- Criminal laws are generally applicable only to acts committed after the law takes effect.
- Exceptions to this rule include:
  - If a new law is favorable to the accused (e.g., reduced penalties), it may be applied retroactively.
  - If a law decriminalizes an act (e.g., vagrancy), individuals previously convicted can benefit from the new law, even if it does not explicitly state retroactive application.
- Certain conditions, such as habitual delinquency or explicit provisions in the law, may prevent retroactive application even if the new law is favorable.

Methodology or Instructions Presented:

Characteristics of Criminal Law:
- Generality: Applies universally within the territory.
- Territoriality: Enforced only within Philippine borders; exceptions apply.
- Prospectivity: Laws apply to future acts, with specific exceptions for favorable laws or decriminalization.

Speakers or Sources Featured:

The video is presented by Mr. Criminology, who shares insights on criminal law in the Philippines.

Notable Quotes

— 04:42 — « Penal law shall have prospective applications. Criminal Law must punish crimes committed after its effectiveness. »

— 05:28 — « The exception if the law is favorable to the accused. So even though there is nothing in the new law that says it has retroactive effect, it can still be applied to the accused. »

— 06:35 — « If the law decriminalized an act, even if you are in prison, the new law can still be applied to you. »