Other crimes committed by public officials are included in the Anti-Corruption Law and other laws. The revised Penal Code entered into force on 1 January 1932. It consists of two parts – the first book of the revised Penal Code contains the general provisions on the application of the law and the general principles of criminal law. It defines criminal offences and circumstances affecting criminal responsibility, justifies the circumstances and circumstances that exclude, mitigate or aggravate criminal liability, and defines the classification, duration and impact of criminal sanctions. Finally, it provides for the extinction and survival of criminal and civil liability for criminal offences. A conspiracy occurs when two or more people enter into an agreement to commit a crime and decide to commit it. Conspiracy can also be proven on the basis of the idea of “unity of purpose” and actions that lead to a common purpose. There is a proposal if the person who has decided to commit a crime proposes its execution to one or more other persons. Conspiracy and suggestion to commit a crime are generally not punishable, except for conspiracy and suggestion of treason, coup d`état and rebellion. Although not universally punishable, conspiracy can determine the degree of participation in crimes in order to determine criminal responsibility. Violations of the crimes listed in the revised Penal Code are called mala in se, which literally means that the act is inherently evil or evil or illegal in itself.
On the other hand, violations of special criminal laws are commonly referred to as malum prohibitum or an act that is wrong because it is prohibited. Thus, no criminal intent is required to hold a person accountable for crimes punishable under special criminal laws. As long as the act is committed, it is punishable by law. Not all violations of special criminal laws are mala prohibita. Although intentional crimes are always mala in se, it does not follow that prohibited acts committed in violation of special laws are always mala prohibita. Clients are punished more severely than accomplices, who are punished more severely than accomplices. However, if there is a conspiracy, there will no longer be any difference depending on whether a person acted as the main perpetrator, accomplice or accompaniment, because if there is a conspiracy, the criminal responsibility of all will be the same, because the act of one individual is the act of all. The second book of the revised Penal Code, on the other hand, defines the specific crimes and penalties that can be imposed for each crime. Crimes are classified as crimes against national security (such as treason, espionage and piracy), crimes against the fundamental laws of the State (rebellion, coup, riot and public riots), crimes against the public interest (counterfeiting of currency, falsification of public documents), crimes against public morality, crimes committed by State agents, crimes against persons (parricide, murder, assault, rape), security crimes (kidnapping) and property crimes (theft, theft), among others. Criminal negligence is also a criminal offence under the revised Criminal Code.
According to the revised Penal Code, acts and omissions punishable by law are called crimes. So, to be considered a crime, there must be an act or omission. The law states that “any person criminally responsible for a crime is also civilly responsible.” These include pre-Code offence provisions that apply under the legislation of the day, and a repeal clause. The existence of certain circumstances has the effect of eliminating, mitigating or aggravating the criminal liability of persons. Persons who commit criminal offences where there are justifiable circumstances are not liable under criminal or civil law. Acting in self-defence is one such justifying circumstance. Philippine criminal law is the law and defines penalties in the Philippines. The revised Penal Code replaced the Spanish Penal Código of 1870, which was in force in the Philippines (then a colony of the Spanish Empire until 1898) from 1886 to 1930, after an unsuccessful attempt to be implemented in 1877. The new code was drafted by a committee created in 1927 under the leadership of Justice Anacleto Díaz, who would later sit on the Supreme Court. Instead of proceeding with a complete codification of all criminal laws in the Philippines, the committee revised the old penal code and incorporated all other criminal laws only to the extent that they related to the penal code. The revised Penal Code criminalizes a whole category of acts that are generally accepted as criminal, such as killing a life by murder or murder, rape, robbery and robbery, and treason.
The code also punishes other acts considered criminal in the Philippines, such as adultery, cohabitation and abortion. It explicitly defines the constituent elements of any offence, and the existence of all these elements must be proven beyond doubt in order to obtain a conviction. The following chapters list the circumstances justifying, exempting, mitigating and aggravating criminal liability. The revised Penal Code contains the general criminal laws of the Philippines. It was first enacted in 1930 and, despite several changes, is still in effect today. It does not contain a comprehensive compendium of all Philippine criminal laws. The revised Penal Code itself became RA 3815, and some Philippine criminal laws were enacted outside the revised Penal Code as separate Republic laws. Here it is discussed when criminal responsibility has expired. These include, inter alia, the death of the convict, the execution of the sentence, amnesty and absolute pardon. The existence of discharge circumstances, on the other hand, exempts the offender from criminal liability, but not from civil liability.
Some of these liberating circumstances are or youth. On the other hand, the existence of one or more mitigating circumstances in the commission of an offence may be used to reduce the sentence imposed. One example is voluntary surrender. In addition to the offences punishable under the revised Penal Code, several other criminal laws have been enacted to punish acts such as illegal possession and trafficking of dangerous drugs, money-laundering and illegal possession of firearms. These laws are called “special criminal laws” and are part of the Philippine criminal laws. There are some differences between offences punishable under the revised Criminal Code and special criminal laws. The first chapter defines what a crime is, that is, the acts and omissions that can be punished by law, either by deception or guilt. Whether it is defined who is criminally responsible, whether a crime is committed, foiled or attempted, whether conspiracy and proposal to commit crimes are punishable, which crimes are minor, less serious and serious.
There are important differences between offences punishable under the revised Penal Code and special criminal laws. One of them is that crimes punishable under the revised Penal Code take into account the moral trait of the perpetrator. For that reason, liability would be incurred only in the event of intent or negligence in the commission of the offence. In the case of crimes punishable under special criminal laws, the moral trait of the perpetrator is not taken into account; It is sufficient that the prohibited act was committed voluntarily. The use of means, methods or forms of enforcement that are directly and specifically inclined to ensure their execution, without exposing the offender to a risk of defence that the injured party could afford. The essence of betrayal is that the attack is carried out without warning and in a quick, deliberate and unexpected manner, so that the unfortunate, unarmed and unsuspecting victim has no chance to resist or escape. For treason to be considered, two elements must coincide: (1) the use of means of enforcement that do not give the assaulted persons an opportunity to defend themselves or retaliate; and (2) the means of enforcement were used knowingly or deliberately. [3] Sections 195-199 relating to gambling were repealed by E.O.
1602, as amended by RA 9287. This title deals with who is responsible. This includes principals, accomplices and accomplices, the latter classification not being used for minor offences. A preliminary article indicates when it will come into force (January 1, 1932) and where the law can be applied, which includes, among others, the Philippine archipelago and a Filipino ship or airship.