Criminal Code

Topics: Criminal law, Crime, Criminal justice Pages: 7 (2656 words) Published: March 19, 2013
Section 1. This Code shall be known and cited as the Criminal Code of the Philippines. It shall take effect on 01 January 2015. Section 2. The following terms are defined: Code – the Criminal Code of the Philippines Crime – conduct defined and penalized under this Code and special penal laws Person – a natural or juridical person Minor – a person under 18 years of age Child – a minor under 12 years of age Insanity – the total deprivation of the mental ability to appreciate the criminality of one’s conduct 7. Mental disability – any mental illness, medical condition or defect substantially decreasing the ability to appreciate the criminality of one’s conduct 8. Offended party – the State 9. Victim – a person who sustains injury or damage as a result of the commission of a crime 10. Respondent – a person under investigation for the commission of a crime 11. Accused - a person charged in court with the commission of a crime 12. Offender – a person sentenced by final judgment for the commission of a crime 13. Repeat offender – an offender who is charged with the commission of another crime 14. Detainee – a person under detention before final judgment 15. Detention facility – a place of confinement for detainees 16. Judgment – an order or decision issued by a court which disposes a case 17. Final judgment – a judgment that is no longer subject to appeal 18. Penalty – the punishment for the commission of a crime which includes imprisonment, fine, forfeiture, damages to the offended party and the victims including restitution, reparation, indemnification, suspension or removal or from office, disqualification from practice of profession or vocation, deprivation or curtailment of rights or privileges, community service 19. Inmate – a person serving sentence of imprisonment 20. Correctional facility – a place of confinement for inmates 21. Prescription – the extinction of the right of the State to prosecute by lapse of time 1. 2. 3. 4. 5. 6. Section 3. This Code shall be governed by the following principles: 1. There is no crime unless the act is defined and penalized by this Code or other laws. 2. The State has the primary duty to investigate and prosecute crimes and to impose penalties. 3. When an act produces two or more crimes under this Code or other laws, the accused shall be charged only with the crime with the highest penalty while the lesser crimes shall be absorbed or considered as modifying circumstances. 4. Criminal laws are prospective in application unless favourable to the accused. 5. Criminal laws are liberally construed in favor of the accused.

6. Penalties are imposed not only for punishment but for reformation and rehabilitation. 7. National laws prevail over local laws. The penalty of imprisonment is imposable only by national laws. 8. No person shall be tried a second time for the same act. An appeal from a dismissal or acquittal shall not be considered a second jeopardy. Section 4. This Code shall apply to: 1. Crimes committed within the Philippines or in an aircraft, ship, or vessel of Philippine registry; 2. Crimes committed in an aircraft, ship, or vessel originating from, passing through or destined for the Philippines; 3. Crimes committed outside the Philippines by any Philippine citizen, or entity registered in the Philippines; 4. Crimes committed outside the Philippines against a resident of the Philippines; 5. Crimes against national security or interest committed outside the Philippines; and 6. Crimes committed against humanity or the law of nations. In the exercise of jurisdiction, the State shall consider the principles of comity and economy. Section 5. Only intentional conduct is punishable unless this Code and other laws punish negligent conduct. Section 6. A person committing a crime is either a principal or an accessory. 1. Principals are persons who commit the crime personally or through another. Persons who agreed to commit a crime and commit it, regardless of the nature or extent of...
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