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Intro To Crim

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0% found this document useful (0 votes)
15 views187 pages

Intro To Crim

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INTRODUCTION TO

Prof. Jamila Jean R. Damo, RCrim, CSE, MSCJ ©, JD (i)


CRIMINOLOGY
In its broadest sense, criminology is the entire
body of knowledge regarding crimes, criminals, and
the effort of the society to prevent and repress them.
In a narrower sense, criminology is the scientific
study of crimes and criminals.

It also refers to the scientific study of crimes,


criminals, and victims. It also deals with the prevention,
and solution of crimes. (R.A. 11131)
CRIMINOLOGY
Criminology is a body of knowledge regarding delinquency
and crime as a social phenomenon (Tradio, 1999). It may also
refer to the study of crimes and criminals and the
attempt of analyzing scientifically their causes and control
and the treatment of criminals.

Criminology is a multidisciplinary study of crimes


(Bartol, 1995). This means that many disciplines are involved
in the collection of knowledge about criminal action, including,
psychology, sociology, anthropology, biology, neurology,
political science and economics.
But over the years, SOCIOLOGY, PSYCHOLOGY,
AND PSYCHIATRY have dominated the study of crime.
SCOPE AND DIVISION OF THE STUDY
OF CRIMINOLOGY
A. THE MAKING OF LAWS
This pertains to the examination of the nature of and
structure of
laws
B. THE BREAKING OF LAWS
This pertains to the examination of the reasons of
crime causation which primarily deals to answer issues
despite the presence of laws people still commit crimes.
C. REACTION TOWARDS THE BREAKING OF LAWS
This pertains to the study of how people, the criminal,
and the government reacts towards the breaking of laws
because the reactions necessarily bring light to the development
of modern measures to treat criminal offenders at the same
NATURE OF CRIMINOLOGY
Understanding crime is as complex as other fields of interest. It
requires therefore a systematic and balanced knowledge in the
examination of why they exist. In this sense, criminology is:

An Applied Science – Anthropology, psychology, sociology and other


natural sciences may be applied in the study of the causes of crime
while chemistry, medicine, physics, mathematics, etc. maybe
utilized in crime detection.
A Social Science – Inasmuch as crime is a societal creation and
that it exists in a society, its study must be considered a part of
social science.
Dynamic – Criminology changes as social condition changes.
That means the progress of criminology is concordant with the
advancement of other sciences that have been applied to it.
Nationalistic – The study of crime must always be in relation with
SUB-FIELDS OF CRIMINOLOGY
Sociological Criminology – the study of crime focused on the group of
people
and society as a whole. It is primarily based on the examination of the
relationship
of demographic and group variables to crime. Variables such as
socioeconomic
status, interpersonal relationships, age, race, gender, and cultural groups
of people
are probedin relation to the environmental factors
that are most conducive to criminal action, such as time,
place, and circumstances surrounding the crime.

Psychological Criminology – the science of behavior and


mental
processes of the criminal. It is focused on the individual criminal behavior-
how it is
acquired, evoked, maintained, and modified. Both the environmental and
personality
influences are considered, along with the mental processes that mediate
the behavior.
ORIGIN OF THE WORD “CRIMINOLOGY”
Etymologically, the term criminology came from the Latin
word “crimen” meaning crime and Greek word “Logos”
which means “to study”.
In 1885, Rafael Garofalo, an Italian Law Professor
coined the term “criminologia”.
In 1887, Paul Topinard, French Anthropologist, used the
term criminology in French “criminologie” for the first time.

Sociology – It is the mother discipline of Criminology. It is


the study of human society, its origin, structure, functions and
direction
SCOPE OF THE STUDY OF
CRIMINOLOGY/PRINCIPAL DIVISIONS OF
CRIMINOLOGY
Criminal Behavior or Criminal Etiology
The scientific analysis of the causes of crime;
Sociology of Law
The study of law and its application;
Penology or Correction
The studythat deals with punishment and the
treatment of criminals;
Criminalistics or Forensic Science
One more area of concern in crime detection
and investigation.
CRIMINOLOGY VS CRIMINALISTICS
IS CRIMINOLOGY A SCIENCE?
According to George Wilker, criminology cannot
become a science because it has not yet acquired
universal validity.

Edwin H. Sutherland, the “Dean of Modern


Criminology”, hoped that it will become a science in the
future since the causes of crimes are almost the same
which may be biological, environmental or combination
of the two.
CHED MEMORANDUM ORDER (CMO 21) series of 2005

“Thus CHED hereby adopts and promulgates these revised policies and
standards for the degree of BACHELOR OF SCIENCE IN CRIMINOLOGY

CHED MEMORANDUM ORDER (CMO 5) Series of 2018

“Policies, standards and guidelines for the BACHELOR OF SCIENCE IN


CRIMINOLOGY PROGRAM”
OBJECT OF INTEREST IN
CRIMINOLOGY
The four major object of interest in criminology
are:
• CRIMES (CRIMINAL ACTS)
• CRIMINALS (PERPETRATORS OF CRIME)
• CRIMINAL BEHAVIOR
• VICTIMOLOGY (STUDY OF VICTIMS)
Etymology
Definition
Elements
Formula
View Points
Early Explanations
Classifications
Etymology of Crime
 Derived from Latin word CERNO, which meant “I give judgement” or
“I decide”.
 CRIMEN another Latin ward which means “to charge” or “cry of
distress”
 Ancient Greek word KRIMA from which the Latin word cognate
was derived define it as an intellectual mistake, an offense against
the community.
 Middle English in the 13th century crime meant “sinfulness”.
 The old French on the other hand used the similar term CRIMNE from
the Latin CRIMEN which may pertain to indictment, charge accusation,
fault or offense.
CRIME
Crime may be defined as:

An act or omission in violation of a criminal law in


its legal
point of view.
A crime is the generic term used to refer to a
wrongdoing punished either under the RPC or under the
special law.
ESSENTIAL ELEMENTS OF CRIME/
TRIAD OF CRIME
MOTIVE / DESIRE
is the reason why a person commits a
crime

OPPORTUNITY
It refers to the situation or circumstances
which enables the person to commit a
crime

INSTRUMENTALITY/CAPABILITY/ABILITY
Is the means used in committing a crime
Crime
Formula
Accordingto Abrahamsen in his book entitled, “Crime
and Human Mind” in 1945, he explained the causes of
crime by this formula:

C=T+S
R
Where:
C- Crime (ACT)
T- Criminal Tendency (DESIRE/INTENT)
S- Total Situation (OPPORTUNITY)
R- Resistance to Temptation (CONTROL)
WHEN DOES CRIME EXIST?
• In the legal viewpoint, crime exists when the court has
proved the guilty.
• In the scientific point of view, crime exists when
it is reported. This is more realistic but not all reported
cases are with the sound basis of true happening,
some of them are also unfounded.
CRIMINALI
TY
 behavior that is contrary
to or forbidden by
criminal law
The idea of criminality can be used
with respect to circumstance that
makes an act criminal.
It also refers to the number of
crimes that are committed in a
specific place and time and to the
action to commit crimes.
SOME DISTICTIONS
BETWEEN CRIME AND SIN
Crime is an act or omission against the
penal law of a state while Sin is an act or
omission against the spiritual or divine law.

BETWEEN CRIME AND IMMORALITY


1.Crime is committed against the law
of state while Immorality is committed against the
unwritten social norms in a locality.
2. Crime is fixed by statute, while immorality is not
3. Crime is nationalistic while immorality is regionalistic
Advantages of crime in society
according to Emile Durkheim?
Society becomes vigilant
It creates unity in the society
 Society decide what behavior must
be prohibited
EARLY EXPLANATION TO THE
EXISTENCE OF CRIMINALITY
1. CRIME IS CAUSED BY DEMON
Accordingly, men commit anti social acts because the
demon, spirits, or some form the “other world” instructed or
pushed them to do so.
2. CRIME IS CAUSED BY DIVINE WILL
Men manifest criminal behavior because they are sinful
so God wants to punish them. During the ancient period
criminals are given the right of sanctuary whereby they can
seek refuge in the temples of God so that they will be free
from prosecution and punishment.
3. CLASSICAL SCHOOL
4. NEO-CLASSICAL SCHOOL
5. POSITIVIST SCHOOL
CRIMINOLOGY SCHOOL OF
THOUGHTS
SCHOOLS OF THOUGHT
A school of thought is a point of view held by a
particular group or belief or system of belief accepted
as authoritative by some group of school
Each school of criminology explains crime in
its own manner and suggests punishment and
measures which suits its ideology
Each school represents the social attitude of
people towards crime in a given time
THE CLASSICAL SCHOOL OF CRIMINOLOGY
FOUNDER:
CESSARE BECCARIA (Cesare Bonesara Marchese de Beccaria)
JEREMY BENTHAM
The basis of criminal liability is human free will
and the purpose of penalty is retribution.
That the man is essentially a moral creature with an
absolute free will to choose good and evil, thereby placing
more stress upon the effects or result of the felonious act that
upon the criminal himself.
This school of thought is based on the assumption that
individuals choose to commit crimes after weighing the
consequences of their action.
Fear of punishment can deter them from committing a
crime and society can control behavior by making the pain
or punishment greater than the please of criminal gains.
 On Crimes and Punishments (Dei delitti e delle pene)
He openly condemned the death penalty because the state
does not possess the right to take lives; and because capital
punishment is neither a useful nor a necessary form of
punishment
developed in his treatise a number of innovative and
influential principles: PUNISHMENT is
1. Deterrent, not a retributive, function.
2. Proportionate to the crime committed.
3. Probability not its severity, would achieve a preventive effect.
4. Procedures of criminal convictions should be public.
5. Prompt.
CESARE BECCARIA (CESARE BONESANA
MARCHESE DI BECCARIA) (1738-1794)
He is best known for his essay “ON CRIMES AND
PUNISHMENT” (1764)
It is a treaties on legal reform that is widely considered
as one of the founding texts of Classical Criminology,
proposing many reforms to the criminal justice system
which we now take for granted, in particular:
1.the prompt administration of clearly prescribed and
consistent punishment
2.Well-publicized laws made by the legislature
rather than individual courts or judges
3. Abolition of torture in prisons
4.The use of the penal system to deter would-be offenders,
rather than simply punishing those convicted.
BECCARIA BELIEVED THAT:
a. people want to achieve pleasure and avoid pain.
b. crime provides some pleasure to the criminal.
c.to deter crime, he believed that one must administer
pain in an appropriate amount to counterbalance the
pleasure obtained from committing a crime.
d. Famous in sayings “Let the punishment fit the crime”
JEREMY BENTHAM (1748-1832)
His contribution to classical school of criminology is the
concept of utilitarianism and the felicific calculus.
He reasoned that in order to deter
individuals from committing crimes, the punishment or
pain must be greater than the satisfaction or pleasure
he would gain from committing the crime
Utilitarianism
– It is a philosophy which argues that what is right is the one
that would cause the greatest good for the greatest number of people.
- Others refer to it as the greatest happiness principle or the principle of
utility.
- From this principle, Bentham formulated the “felicific calculus”.

Felicific Calculus or the “pleasure and pain principle” – It is a


theory that proposes that individuals calculate the
consequences of his actions by weighing the pleasure (gain)
and the pain (suffering) he would derive from doing the action.

Panopticon Prison is a type of institutional building and a


system of control designed by the English philosopher and
social theorist Jeremy Bentham in the 18th century. The
concept of the design is to allow all prisoners of an institution to
be observed by a single security guard, without the inmates being
MODERN OUTGROWTHS OF CLASSICAL
SCHOOL
Rational Choice Theory, Routine Activities Theory, General
Deterrence Theory, Specific Deterrence, Incapacitation

DETERRENCE - the prevention ofa certain act or


acts (such as a crime) through fear of
punishment/exemplarity.

A.GENERAL DETERRENCE - A crime control policy that


hinges on the fear of criminal penalties. General deterrence
measures, such as long prison sentences for violent crimes,
are aimed at convincing the potential law violator (others) that
the pains associated with crime outweigh its benefits.
B.SPECIFIC DETERRENCE - A crime control policy
proposing that punishment be severe enough to convince
convicted offenders never to repeat (offender himself) their
THE NEO-CLASSICAL SCHOOL OF CRIMINOLOGY

The neo-classical school of criminology argued that


situations or circumstances that made it impossible to
exercise freewill are reasons to exempt the accused from
conviction. This school of thought maintains that while
the classical doctrine is correct in general, it should be
MODIFIED in certain details, that children and lunatics
should not be regarded as criminals and free from
punishment, it must take into account certain mitigating
circumstances.
THE POSITIVIST/ITALIAN SCHOOL (1838 – 1909)

FOUNDER:
Cesare Lombroso and his two students, Enrico Ferri and
Rafaele Garofalo

That the man is occasionally subdued by strange


and morbid phenomenon, which contains him to do
wrong, inspite or contrary to his volition.
It maintained that crime as any other act is a
natural phenomenon and is comparable to disaster or
calamity.
That crime as a social and moral phenomenon
which cannot be treated and checked by the imposition
of punishment but rather rehabilitation or the
enforcement of individual measures

The era of Modern Criminology (Positivism - 19th century)
– is distinguished itself as a subspecialty within the
emerging disciples of psychology, sociology, and
economics. Criminologists conducted empirical tests
(observations or experiments) of their theories, rather than
relying solely on speculation, and consequently developed
a wide range of theories.
 POSITIVISM - a philosophical system that holds that
every rationally justifiable assertion can be scientifically
verified or is capable of logical or mathematical proof,
and that therefore rejects metaphysics(abstract theory
with no basis in reality) and theism (belief in the
existence of a god or gods).
The term “POSITIVISM” refers to a method of analysis based
on the
collection of observable scientific facts.
-Positivists believe that causes of behavior can be
measured and observed.
-It demands for facts and scientific proof, thus, changing the
study of crimes and criminals into scientific approach.
-Positive theorists were the first to claim the importance of
looking at individuals’ differences among criminals.
These theorists who concentrated on the individual
structures of persons stated that people are passive and
controlled whose behaviors are imposed upon them by
biological and environmental factors.
EZCHIA MARCO “CESARE” LOMBROSO/
CESARE LOMBROSO (1836 – 1909)
He is recognized as the “Father of Modern and
Empirical Criminology” due to his application of modern
scientific methods to trace criminal behavior. However, most
of his ideas are now discredited.
Known for the concept of atavistic stigmata (the
physical features of creatures at an earlier stage of
development).
He claimed that criminals are distinguishable from non-
criminals due to the presence of atavistic stigmata and crimes
committed by those who are born with certain recognizable
heredity traits.
Lombroso’s work supported the idea that a
criminal is a
biologically and physically inferior person.
Founded criminal anthropology suggesting that
physiological trait is indicative of criminal tendencies
such as measurement of cheek bones, hairline and clef
palate.
THE CRIMINAL MAN (1876) – This criminal man
evolved from the autopsy performed by Lombroso in
which he recognized the following stigmata indicative of
criminal tendencies
THE FEMALE OFFENDER (1901) – According to the
study of Lombroso, he noted that most women are
not criminal, however, they are most often occasional
criminals but, some women are atavistic criminals.
CLASSIFICATIONS OF CRIMINALS BY
LOMBROSO
1.Born Criminals – there are born criminals
according to Lombroso, the belief that being criminal
behavior is inherited.
ATAVISM - The return of a trait or reappearance of
previous behavior after a period of absence.
ATAVISTIC ANOMALY - physically, their resemblances on
the evolutionary scale to more primitive times where
people were savages.
2.Insane Criminals – are those who commit crime
due to abnormalities or psychological disorders. They
should be exempted from criminal liability.
3. Criminaloid – a person who commits crime due to less
physical stamina/self
control. Types Of
Criminaloids: Habitual
Criminals by
Criminal - Passion – hot headed, perso grea
impulsive emotions like fit of anger n, t
Juridical Criminals – violates the law by
accident
4.Occasional Criminal – are those who commit crime
due to insignificant reasons that pushed them to do
at a given occasion.
5. Pseudo-criminals – are those who kill in self-defense.
ENRICO FERRI (1856 – 1929)
He focused his study on the influences of psychological
factors
and sociological factors such as ECONOMICS ON CRIMES.
He believed that criminals could not be held
morally responsible because they did not choose to
commit crimes but rather were driven to commit crimes
by conditions of their lives.
Advocated the “Theory of Imputability and the Denial
of the Free Will” in 1878.
RAFFAELE GAROFALO ( 1852 –
1934)
Raffaele Garofalo ( 1852 – 1934) – Another follower of
Lombroso, an Italian nobleman, magistrate, senator, and
professor of law. Like Lombroso and Ferri, he rejected
the doctrine of free will and supported the position that
the only way to understand crime was to study it by
scientific methods.
Influenced on Lombroso’s theory of atavistic stigmata
(man’s inferior/ animalistic behavior), he traced the
roots of criminal behavior not to physical features but to
their psychological equivalents, which he called “MORAL
ANOMALIES”.
TYPES OF CRIMINALS BY GAROFALO
1. MURDERERS
those who are satisfied from vengeance/revenge
2. VIOLENT CRIMINALS
those who commit very serious crimes
3. DEFFICIENT CRIMINALS
those who commit crimes against property
4. LASCIVIOUS CRIMINALS
those who commit crimes against
chastity and other sexual crimes.
CLASSIFICATION OF
CRIMES
LEGAL CLASSIFICATIONS:
1. According to law violated
FELONY - The term felony is limited only to violations of the
Revised Penal Code. When the crime is punishable under a
special law you do not refer to this as a felony.
OFFENSE - A crime punished under a special law is called a
statutory offense.
MISDEMEANOR - A minor infraction of the law, such as a
violation of an ordinance.
CRIME - Whether the wrongdoing is punished under the
Revised Penal Code or under a special law, the generic word
“crime” can be used.
2. According to the manner of committing crime:
A. By means of dolo or deceit – the act is performed with deliberate intent
REQUISITES of DOLO (F,I,D) – Freedom, Intelligence, Deliberate Intent

B. By means of culpa or fault - when the wrongful act results from


imprudence, negligence, lack of foresight, or lack of skill.
REQUISITES of FAULT
• Criminal negligence/imrpudence - that is, the crime was
the result of negligence, reckless imprudence, lack
of foresight or lack of skill;
• Freedom of action
• Intelligence
3. According to the stages in the commission:
1. Formal Crimes
Formal crimes are crimes, which are consummated in one
instance (Adultery)

2. Material Felonies
Those that have various stages of execution (Homicide)

3. Crimes which have NO FRUSTRATED STAGE


The essence of the crime is the act itself; (Rape)

Stages of Crime: Attempted, Frustrated, Consumated


A. CONSUMMATED FELONY
- When all the elements necessary for its execution are
present.
- The felony is produced
B. FRUSTRATED FELONY
- When the offender performs all the acts of execution;
- All the acts performed would produce the felony as a
consequence;
- The felony is not produced;
- By reason of causes independent of the will of the perpetrator.
C. ATTEMPTED FELONY
-When the offender commences the commission of a
felony directly by overt acts;
-He does not perform all the acts of execution which
should produce the felony;
-By reason of some cause or accident other than his own
spontaneous desistance;
4. ACCORDING TO THEIR GRAVITY
Grave felonies or those to which attaches capital punishment
the penalties which in any of their periods are or
afflictive;
Afflictive penalties include: Reclusion Perpetua (20y-1d-40y),
Reclusion Temporal (12y-1d-20 years),
Perpetual or Temporary Absolute Disqualification,
Perpetual or Temporary Special Disqualification, and Prision
Mayor (6months-1-day to 12 years)

Less grave felonies or those to which the law punishes with


penalties which in their maximum period is correctional;
Correctional penalties include: Prision Correccional (6months-
1day-6 years), Arresto Mayor 1day-6 months),
Suspension, and Destierro

Light felonies or those infractions of law for the


commission of which the penalty is arresto menor (1-30
days)
Light penalties: Those infractions of law for the
DURATION OF PENALTIES

ARRESTO MENOR – 1-30 DAYS


ARRESTO MAYOR – 1 MONTH TO 6 MONTHS
PRISION CORRECTIONAL – 6 MONTHS and 1 DAY TO 6 YEARS
PRISION MAYOR – 6YEARS AND 1 DAY TO 12 YEARS
RECLUSION TEMPORAL – 12 YEARS AND 1 DAY TO 20 YEARS
RECLUSION PERPETUA – 20 YEARS AND 1 DAY TO 40 YEARS

LIGHT FELONIES – LIGHT PENALTIES


LESS GRAVE FELONIES – CORRECTIONAL PENALTIES
GRAVE FELONIES – AFFLICTIVE OR CAPITAL PENALTIES
5. AS TO COUNT

PLURALITY OF CRIMES
Consists in the successive execution by the same
individual of
different criminal acts upon any of which no conviction
has yet been declared.

COMPLEX CRIMES:
1.COMPOUND CRIME - When a single act results
in two or more grave or less grave
felonies
2.COMPLEX CRIME PROPER - When an
offense is a necessary means for
Special Complex/Composite Crimes
The substance is made up of more than one
crime but which in the eyes of the law is only a
single indivisible offense. All those acts done in
pursuance of the crime agreed upon are acts which
constitute a single crime.

Special Complex Crimes


• Robbery with Homicide (Art. 294 (1))
• Robbery with Rape (Art. 294 (2))
• Kidnapping with serious physical injuries (Art. 267 (3))
• Rape with Homicide (Art. 335)
CONTINUED CRIME
A continuous, unlawful act or series of acts set on foot by
a single impulse and operated by an unintermittent force,
however long a time it may occupy.
EXAMPLE: Juan steals 2 books belonging to 2 different
persons. He commits only one crime because there is unity
of thought in the criminal purpose of the offender

CONTINUING CRIME
The term used in criminal procedure to denote that a
certain crime may be prosecuted and tried not only before
the court of the place where it was originally committed or
began, but also before the court of the place where the crime was
continued.
The term is used in criminal procedure when any of the
material ingredients of the crime was committed in different
6. According to the nature of the act:

Mala in se
An act, by its very nature, is inherently and morally
wrong; it should be done with criminal intent.

Malum prohibitum
An act is wrong only because there is a law punishing it.
It is enough that the prohibited act was voluntarily
committed and need not be committed with malice or
criminal intent to be punishable.
MALA IN SE v. MALA PROHIBITA
LEGAL CLASSIFICATION OF CRIMES
UNDER THE LAW, CRIMES ARE CLASSIFIED AS:
Crimes against National Security and the Law of Nations -
Example – Treason, Espionage, Piracy
Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of
Domicile Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
Crimes against Public Interest.
Example – Forgery, Falsification,
Fraud
Crimes against Public Morals
Example – Gambling and betting, offences against decency
and good customs like scandals, obscenity, vagrancy, and
Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance

Crimes against Person


Example – Murder, Rape, Physical Injuries

Crimes against Properties


Example – Robbery, Theft

Crimes against Personal Liberty and Security


Example– IllegalDetention, Kidnapping,
Trespass toDwelling, Threat and Coercion
Crimes against Chastity
Example – Concubinage, Adultery, Seduction, Abduction,
Acts of Lasciviousness

Crimes against Civil Status of Persons


Example – Bigamy and Other Illegal Marriages

Crimes against Honor


Example – Libel, Oral Defamation

Quasi-offenses or Criminal Negligence


Example – Imprudence and Negligence
CRIMINOLOGICAL CLASSIFICATION
OF CRIME
CRIMES ARE CLASSIFIED IN ORDER TO FOCUS A BETTER
UNDERSTANDING ON THEIR EXISTENCE. CRIMINOLOGISTS
CONSIDER THE FOLLOWING AS CRIMINOLOGICAL
CLASSIFICATION OF CRIMES
ACCORDING TO EFFECTS OF CRIME

Acquisitive Crime- is one which when committed, the


offender
acquires something as a consequence of his criminal act.

Extinctive Crime- when the result of criminal act is


destruction.
ACCORDING TO EVENTS OR SEASON
Seasonal Crimes- are those that are committed
only at
certain period of the year

Situational Crimes- are those that are committed only


when
given a situation conducive to its commission.
ACCORDING TO LENGTH OF TIME
Episodic Crimes- are serial crimes;they are committed
by series of act within a lengthy space of time.

Instant Crimes- are those that are committed the


shortest possible time.
ACCORDING PLACE OF EXECUTION
Static Crimes- are crimesthat are committed only in one
place.

Continuing Crimes- are crimes that are committed in


several places.
ACCORDING TO DEGREE OF SANITY
OFFENDER
Rational crimes- are those committed with intent;
offender is in full possession of his mental faculties
/capabilities while;

Irrational crimes- are committed withoutintent;


offender
does not know the nature of his act.
ACCORDING TO PROFESSION
White Collar Crimes- are those committed by a
person of responsibility and of upper socio-economic
class in the course of their occupational activities.

Blue Collar Crimes- are those committed by


ordinary professionals to maintain their livelihood.
ACCORDING TO SOCIAL CLASS
Upper World Crimes- are those committed by
individuals belonging to the upper class of society.

Under World Crimes- are committed by


members of the lower or under privilege class
of society.
ACCORDING TO EXTERNAL
FACTORS
Crimes by Imitation- are crimes committed by
merely
duplication of what was done by others.

Crimes by Passion- are crimes committed


because of the fit of great emotions.
Service Crimes - Crime refer to crimes
Service s
committed
desire of another. through of a service to satisfy
rendition
CRIMES OF THE MODERN WORLD
Transnational crime
Is an offense that has an international dimension and
implies crossing at least one national border before, during
or after the fact. This include but not limited to illegal
drug trafficking, money laundering, terrorism, arm
smuggling, piracy, kidnapping, trafficking in persons, and
cyber crimes. Most of these crimes falling under this
category reflect connection with organized and white-
collar criminals.
ORGANIZED CRIMES
An organized Crime is a criminal activity by an
enduring structure or organization developed and
devoted primarily to the pursuit of profits through illegal
WHITE COLLAR CRIMES
Edwin Sutherland defined white-collar crime as criminal acts
committed by a person of respectability and high social status in the
course of his or her occupation

5 BASIC ELEMENTS OF WHITE COLLAR CRIME


1. INTENT - offender’s awareness that the activities are wrong or
illegal
2.DISGUISE OF PURPOSE – refers to the offenders conduct while
carrying out the scheme
3.RELIANCE ON THE VICTIM’S IGNORANCE – means that the victim is
unable to see that he or she is being deceived
4.VOLUNTARY ASSISTANCE FROM THE VICTIM – may refer to the
actions on part of an actual victim who is to be defrauded of money or
property
5.CONCEALMENT – is the goal of white-collar
Forms of White Collar Crimes
Corporate crimes - the violation of a criminal statute
either by a corporate entity or by its executives, employees or
agents, acting on behalf of and for the benefit of the
corporation, partnership or other business entity.
Environmental crimes - violation of criminal law which,
although typically committed by businesses or by business
officials, may also be committed by other persons or
organizational entities, and which damage some protected
or otherwise significant aspect of the natural environment.
Occupational crimes - any act punishable by law, which is
committed through opportunity created in the course of an
occupation that is legal.
Organizational Occupational Crime - crimes committedfor
the
benefit of the entire organization in such instances
organization
only or the employer, not individual employees. the
State Authority Occupational Crime - crimes by officials through
the exercise of their state-based authority. Such crime is
occupation specific, and can only be committed by person in
public office or by working for such persons.
Professional Occupational Crime - crimes by professionals in
their capacity as professionals. The crimes of physicians,
attorneys, psychologists, and the like are included here.
Individual Occupational Crime - crimes by individuals as
individuals which include income tax evasion, theft of
goods and services by employees, the filing of false expense
report, and the like.
THE CONVENTIONAL CRIMES
Conventional crimes are those traditional, illegal
behaviors that most people think of as crime.
Conventional crimes are groups of crimes
categorized as violent crimes (index crimes) and property
crimes.

Violent Crimes - Violent crimes are criminal


acts, which in the threat of or
actual physical harm by an offender to a victim.
Violent acts are in the forms of:

Interpersonal Violence - ForcibleRape. Murder,


Serious Assault, Family Violence, Robbery
Political Violence - Terrorism
Property Crimes - are crimes of economic interest. It
includes those crimes that would most commonly be
categorized as theft in ordinary language

Occasional Property Crimes - Shoplifting, Vandalism,


Motor vehicle theft, Check Forgery
Conventional Property Crimes - Burglary/unlawful entry
to commit theft, Fence, Larceny/Theft
Violent Crimes (Index Crimes)
• Murder – is the unlawful killing of human being with malice and with
the “act of violence”.
Serial Murder – an act involving killing of several victims in three
or more separate incidents over a week, a month or year.
Mass Murder – it is the killing of four or more victims at one
location with one event.
Spree Murder – the killing of in two or more locations with almost no
time break between murders.
• Homicide and Assault
• Robbery
• Family Violence
• Child Abuse – an attackor assault of an adult againstthe defenseless
or people who cannot defend themselves, usually by a parent to a
child.
• Spouse Abuse – “husband vs wife battering”
Types of Violent Offenders

Culturally Violent Offenders – those who live in cultures


which violence is an acceptable problem mechanism.
Criminally Violent Offenders – those who use violence as a
means
to accomplish criminal acts.
Pathological Violent Offenders – those who commit
violent crimes due to mental disturbances.
Situational Violent Offenders – those who commit acts of
violence on rare occasions, often under provocations. They are
the criminals “by passion”.
RAPE AS VIOLENT CRIME
 Rape is derived from the Latin word “Rapere” which means
“to take by force”, often perceived primarily as a sexually-
motivated act. However, upon the enactment by the Philippine
Congress of RA. 8353, otherwise known as the “Anti Rape Law
of 1997”, amending the RPC, rape is now identified primarily as
a violent act. In which sexual relations are merely a means of
expressing violence, aggression and domination.
Consequently, it is divided into two acts
Rape by Sexual Intercourse (Traditional carnal knowledge)
Rape through sexual assault
“Rape Trauma Syndrome” – refers to the
adverse psychological impacts rape victims continue to
suffer long after the incident.
It includes:
• Sexual anxiety
• Pervasive fear to the opposite sex
• Problems in interpersonal relationship
• General problem of unhappiness
Classification of Men who Rape
ANGER RAPE – sexual attack becomes a means
of expressing anger or rage and involves more
physical assault upon the victim.
POWER RAPE – assailant primarily wishes to express his domination
over the victim.
SADISTIC RAPE – perpetrator combines the sexuality
and aggression aims in psychic desires to often torture
or otherwise abuse the victim.
ACQUAINTANCE RAPE - forcible sex in which offender and
the victim are
acquainted with one another.
AGGRAVATED RAPE - rape involving multiple offenders,
weapons and victim injuries.
DATE RAPE - forcible sex during the courting relationship.
SERIAL RAPE - multiple rapes committed by one person over
Categories of Rapists
a)Naïve Graspers – Sexually inexperienced youths who
possess an unrealistic conception of female erotic arousal.
Awkward in relating to the opposite sex, they hold high
expectations that their cute advances will be met with
affection by their victims.
b)Meaning Stretchers – An offender misinterprets
woman’s expressions of friendliness and affection as indicating
that the female desire continues even when she says no.
c)Sex Looters – Persons who have a low desire for affection or
low respect for the victim’s autonomy and callously use
woman as sex object.
d)Group Conformers – Rapist participates in a group rape or
gang bang; often following the leader. A sex looter felt a sense
of conformity and notion demonstrating their masculinity
Property Crimes (Non-Index Crimes)
Occasional Property Crimes - Occasional Property crimes are
group of property crimes committed by ordinary property
criminals with little progressive knowledge on criminal
techniques. Offenders injure or steal property on an
infrequent basis. They tend to commit crimes such as Auto
theft of motor vehicle theft, Shoplifting or good pilferage,
Vandalism, Check Forgeries

Conventional Property Crimes - These are group of property


crimes committed by professional criminals on a persistent
basis, which constitute form of career criminality
The CRIMINAL
THE CRIMINAL
On the basis of the definition of crime, a criminal may be
defined in three ways:
Legal Definition: A person who committed a crime and has
been convicted by a court of the violation of a criminal
law.

Social Definition: A personwho violated a social


norm or one who did an anti-social act.

Psychological Definition: A person who violated rules


of conduct due to behavioral maladjustment.
Criminological Sense
A person who committed a crime regardless whether
reported or referred.
Legal Sense
A person who was found guilty beyond reasonable
doubt.
In criminal justice sense
a criminal may be defined as one who has undergone the process and
went through all the pillars of the Criminal Justice System.
Criminological Classification of Criminals
Based on Etiology
Acute Criminal is one who violates a criminal law
because of the impulse or fit of passion. They commit
passionate crimes.
Chronic Criminal is one who commits crime
acted in consonance of deliberated thinking. He plans
the crime ahead of time. They are the targeted offenders.

1. Neurotic criminal – is one who has mental disorder.


2.Normal criminal – a person who commits crimes
because he looks up to and idolizes people who are
criminals.
Based on Behavioral System

Ordinary Criminal is considered the lowest form of criminal in a


criminal career. He doesn’t stick to crime as a profession but rather
pushed to commit crimes due to great opportunity. criminal who
engages in crimes which do not require specialized or technical skill.

Organized Criminal is one who associates himself with other criminals


to earn a high degree of organization to enable them to commit
crimes easily without being detected by authorities. They commit
organized crimes. Is one who possesses some skills and know-how
which enable him to commit crimes. Force violence intimidation and
bribery are use to gain and maintain control over economic
activities.

Professional Criminal is a person who is engaged in criminal


activities with high degree of skill. He is usually one who practices
crime as a profession to maintain a living.
Based on Activities

Professional Criminals are those who practice crime as a


profession for a living. Criminal activity is constant in order to
earn skill and develop ability in their commission.

Accidental Criminals are those who commit crimes when the


situation is conducive to its commission. Those who commit
criminal acts as a result of unanticipated circumstances.

Habitual Criminals are those who continue to commit crime


because of
deficiency of intelligence and lack of self – control.

Situational criminal – a person who got involved in criminal act


Based on Mental Attitudes

Active Criminals are those who commit crimes due to


aggressiveness. Such attitude is clearly shown in crimes of
passion, revenge and resentments.

Passive Inadequate Criminals are those who commit crimes


because they are pushed to it by reward or promise without
considering its consequences. They are called “ulukan”

Socialized Delinquents are criminals who are normal in behavior


but defective in their socialization process or development. To
this group belongs the educated respectable members of
society who may turn criminals on account of the situation they
are involved.
Based on Legal Classification

Habitual Delinquent
Is a person who, with in a period of ten years from the date
of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, estafa, or falsification, is
found guilty of any of the said crimes or a third time oftener.

Recidivist
Is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another
crime embraced in the same title of the Revised Penal Code.
THE DELINQUENT PERSON
A delinquent person is one who repeatedly commits an
act that is against the norms or mores observed by the
society. When a person habitually commits an act that is
not in accordance with the rules or policies of a community
where he belongs, he is considered a delinquent.
DISTINCTION OF CRIMINAL AND DELINQUENT
A CRIMINAL is a person who has violated the penal law and
has been found guilty of crime charges upon observing of
the standard judicial procedure while DELINQUENT is a
person who merely committed an act not in conformity with
norms of society.

EXAMPLES OF DELINQUENCY:
1. waywardness of children
2. Street corner gang
3. Children out of parental control
4. school dropouts without justifiable reasons
MAS MURDER AND SERIAL
KILLING
Serial killer and mass murders are two
different violent killers. The former operates over
a long period and can be distinguished from mass
murders for the latter kill many victims in as single
violent outburst
Types of serial
killers
 Thrill killers
 (jack liven & james allan fox)
These killers strive for either sexual sadism or dominance. This is the
most common form of serial murderer
 Mission killers
 These killers want to reform the world or have a mission that derives
them to kill
 Expedience killers
 Killers who kill out for profit or want to protect themselves from a
perceived threat
TYPES OF SERIAL
KILLERS
These types are based on their motivations for carrying out their crimes.
 Visionary
 Believes that a person or entity is commanding him to kill. Most likely suffering from
psychosis.
 Mission-oriented
 Kills in order to “rid” society of a certain group.
 Hedonistic
 Commits his acts for his own personal pleasure. For example, rape, torture or
money.
(Lust, Thrill and Comfort)
 Power/control
 Fantasizes about having power and seeks to dominate and control his victims.
(https://thisinterestsme.com/types-serial-killers/)
Types of mass
(by jack liven & james allan fox)
murderers
 Revenge killers
 These killers seek to get even with individuals or society at large
 Love killers
 Motivated by warped sense of devotion. They are often despondent
people who commit suicide and take others, such as a wife and children
with them
 Profit killers
 Usually trying to cover-up a crime, eliminate witnesses, and carry
out a criminal conspiracy.
 Terrorist killers
 Killers who are trying to send message. Gang killings tell rivals to
watch out; cult killers may actually leave message behind to warn society
about impending doom.
CRIMINAL BEHAVIOR/
CRIMINAL ETIOLOGY
Criminal behavior may also refer to the
study of the human conduct focused on
the mental processes of the criminal: the
way he behaves or acts including his
activities and the causes and influences if
his criminal behavior.
TYPES OF EXPLANATION TO CRIMINAL
BEHAVIOR
1. SINGLE/UNITARY THEORY – contends that crime is
produced by
one factor. It may be biological, sociological, or psychological.
2.MULTIPLE FACTOR THEORY – views that crime is not a
product of a single cause or factor but a combination of
several factors.
3.ECLECTIC THEORY – That crime stemmed by one or
more factors while in other instances it is caused by
another set of factors.
4.INTEGRATED THEORY – A theory that
combines two ormore theories to generate a single
model or framework
FACTORS THAT ENHANCES THE DEVELOPMENT OF
CRIMINAL BEHAVIOR SUCH AS:
a. Criminal Demography – study of the relationship between
criminality and population.
b.Criminal Epidemiology – study of the relationship
between environment and the criminality.
c. Criminal Ecology – of criminalityin relation to
distribution in the community.
study spatial
d.Criminal Physical Anthropology – studyof criminality in
relation to physical constitution of
men.
e. Criminal Psychology – study of human behavior in relation
to criminality.
f. Criminal Psychiatry – study of human mind in relation to
criminality; and
g.Victimology – studyof the role of the victim
inthe commission of a crime.
WHY MUST MEMBERS OF SOCIETY INTERESTED
IN CRIME?
➢CRIME IS PERVASIVE – nearly all participants of a free
society are once upon a time a victim of an offender of a
criminal act. Criminal as an associate of society affects
almost all people regardless of age, sex, race, nationality,
religion, financial condition, education and other personal
circumstances.
➢CRIME IS EXPENSIVE – the government and private sector
use an enormous amount of currency for crime detection,
prosecution correction and prevention. Those expenses are
either:
DIRECT EXPENSE – those spent by government or
private sector for the maintenance or the police and security
guards for crime detection, prosecution and judiciary, support
of prison system
INDIRECT EXPENSE – those expense utilized to
prevent the commission of crimes like the construction of
➢CRIME IS DESTRUCTIVE – many lives have been
vanished because of crimes like murder, homicide
and other violent deaths. Properties have been lost or
devastated on account of robbery, theft and arson.
➢CRIME IS REFLECTIVE – crime rate or incidence in a
given locality is reflecting of the efficiency of the social
defenses employed by the people primarily that of the
police system.
➢CRIME IS PROGRESSIVE – the progressive upsurge
in the volume of crime is on account of the ever-
increasing population. The ever-increasing crime rate and
their technique show the progress thinking of the society
for advancement.
OTHER BASIC CAUSES OF CRIME
1. HATRED – Some individuals develop a violent hatred for one
reason of another. This hatred may ultimately result in some act of
violence.
2. PASSION – All persons are born with the same general desires and
passions. It is the manner in which they control these passions that
will determine whether or not they will resort to criminal activity or will
live a normal life.
3.PERSONAL GAIN – It is normal for a person to desire to improve his
life, and to work hard to a better if not abundant life for himself and his
family.
4. INSANITY – from among the members of the society, there are those
who are
born mentally abnormal, and are therefore, not governed by their own
freewill.
5. REVENGE – This literally means to retaliate.
LAW
 It is rule of conduct
 laws serve as guides of an individual in relation to his fellowmen
and to his community
 It is just
 it meansthat the law must be fair; treats every person the
same and based on the values and ethics held by the majority of
society
 It is obligatory
 it means that the law must be enforced, if not the purpose of
its creation will not be served
 It is prescribed by legitimate authority
 it means that the law was made by persons who are given the
power to make it.
 It is ordained for the common benefit
 laws should be made for the protection, common good and
benefit of the people. “SALUS POPULI EST SUPREMA LEX” –
PROREO DOCTRINE
“The doctrine of pro reo advocates that penal laws
and laws penal in nature are construed and applied in
a way lenient or liberal/in favor to the offender,
consonant to and consistent with the constitutional
guarantee that an accused shall be presumed innocent
until his guilt is established beyond reasonable doubt
CRIMINAL LAW
A branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.

SOURCES OF CRIMINAL LAW


1. The Revised Penal Code (Act No. 3815) and its
amendments
2.Special penal laws passed by the Philippine
Commission, Philippine Assembly, Philippine Legislature,
National Assembly, the Congress of the Philippines, and
the Batasang Pambansa.
3. Penal Presidential Decrees issued during Martial Law.
THE POWER TO DEFINE AND PUNISH
CRIME
By virtue of its police power, the STATE has the
authority to define and punish crimes. The concept of the
police power is well-established in this jurisdiction. The
same has been defined as “state authority to enact
legislation that may interfere with personal liberty or
property in order to promote the general welfare.” As
defined, it consist of (1) an imposition of restraint upon
liberty or property, (2) in order to foster the common
good.
THEORIES OF CRIMINAL LAW:
a. Utilitarian theory or protective theory
The primary purpose: Protection of from actual
society potential wrongdoers or

b. Classical or juristic philosophy


Best remembered by the maxim “An eye for an eye, a
tooth for a tooth.” (Oculo pro oculo, dente pro dente)
c. Positivist or realistic philosophy
The primary purpose: Reformation.
There is great respect for the human element
because the offender is regarded as socially sick who
needs treatment, not punishment.

d. Eclectic or mixed philosophy


This combines both positivist and classical thinking.
Crimes that are economic and social by nature should be
dealt with in a positivist manner; thus, the law is more
compassionate. Heinous crimes should be dealt with in a
classical manner; thus, capital punishment.
The Revised Penal Code today follows the mixed or eclectic
philosophy.
LIMITATIONS
a. Must be general in application.
b.Must not partake of the nature of an ex post facto law. (1987
Const. Art III, Sec.22)
EX POST FACTO LAW - An act which when committed was
not a crime, cannot be made so by statute without violating
the constitutional inhibition as to ex post facto laws
c.Must not partake of the nature of a bill of attainder. (1987
Const. Art III, Sec 22)
BILL OF ATTAINDER – A legislative act which inflicts
punishment without trial. EXAMPLE: Congress passes a law which
authorizes the arrest and imprisonment of communists without the benefit of
a judicial trial.
d.Must not impose cruel and unusual
CHARACTERISTICS OF CRIMINAL LAW:
GENERAL – binding on all persons who reside or sojourn
in the Philippines

Exceptions:
a.Treaty Stipulation RP-US Visiting Forces Accord,
the Military Bases Agreement between the Republic of
the Philippines and the United States of America)

b.Laws of Preferential Application (Rep. Act No. 75 may


be considered a law of preferential application in favor
of diplomatic representatives and their domestic servants)
c. Principles of Public International Law
Example:
i. sovereigns and other chiefs of state
ii.Ambassadors, ministers minister resident
plenipotentiary, charges d’affaires and
(BUT consuls, vice-consuls and other foreign
commercial representatives CANNOT claim the privileges and
immunities accorded to ambassadors and ministers.).”

d. Also excepted under the law of generality are Members of the


Congress who are not liable for libel or slander with any speech in
Congress or congressional committee
TERRITORIAL – penal laws of the Philippines are enforceable only
within its territory. It cannot penalize crimes committed
outside the same (Intraterritorial application)

Exceptions: (Art. 2 of RPC – binding even on crimes committed


outside the Philippines) (Extraterritorial application)
a. offense committed while on a Philippine ship or airship
b.forging or counterfeiting any coin or
currency note of the Philippines or obligations and the
securities issued by the Government
c.introduction into the country of the
above-mentioned obligations and securities
d.while being public officers and employees, an
offense committed in the exercise of their functions
e.crimes against national security and the law of the nations
defined in Title One of Book Two
a) FRENCH RULE:
•It is the FLAG/Nationality of the vessel which determines
jurisdiction UNLESS the crime violates the peace and
order of the host country.
b) ENGLISH RULE:
•the location or situs of the crime determines jurisdiction
UNLESS the crime merely relates to internal
management of the vessel.
NOTE:
•Philippines adhere to ENGLISH RULE.
PROSPECTIVE (IRRETROSPECTIVITY) – the law does not have
any retroactive effect. Acts or omissions will only be subject
to a penal law if they are committed AFTER a penal law had
already taken effect.
Vice versa, this act or omission which has been
committed before the effectivity of a penal law could not
be penalized by such penal law because penal laws
operate only prospectively.
Exception: when the law is favorable to the accused
Exceptions to the Exception:
a.The new law is expressly made inapplicable to pending
actions or existing causes of action
b. Offender is a habitual criminal
VICTIMOLOGY
VICTIMOLOGY
Is simply the study of victims of crimes
and contributory role, if any, in crime
causation. It is also the scientific process of
gaining substantial amounts of knowledge
on offender characteristics by studying the
nature of victims. (Schmalleger, 1997).
WHAT IS THE CRIMINAL JUSTICE SYSTEM?

The Criminal Justice System (CJS) is the machinery


which society uses in the prevention and control of crime.
The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and
corrections personnel, as well as those of the mobilized
community in crime prevention and control.
People involved in the system (Parties to
the criminal case)
1. Accused = The most pampered
party in a criminal case.
2. Victim/complainant = The forgotten
party in a criminal
case.
3. People of the Philippines = The
actual offended party
FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:
1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections
JUSTICE
‘Justice’ was once ‘justitia’ an Old French word that
descended from Latin to mean ‘righteousness and equity’.
A similar word from the same Latin root was ‘justus’
meaning ‘upright, and just’. When ‘justitia’ was adopted
into Old English it was extremely simplified. From the
original Old French meanings that included, ‘uprightness,
equity, vindication of right, court of justice, and judge’, Old
English adopted the word only as a title for a judicial officer

DEFINITION OF JUSTICE?
 Justice is the act of rendering what are due and
treating persons equally.
Restorative
justice
Restorative justice is an approach to justice where one of the
responses to a crime is to organize a meeting between the victim and
the offender, sometimes with representatives of the wider community.
The goal is for them to share their experience of what happened, to
discuss who was harmed by the crime and how, and to create a
consensus for what the offender can do to repair the harm from the
offense. This may include a payment of money given from the offender
to the victim, apologies and other amends, and other actions to
compensate those affected and to prevent the offender from causing
future harm.
Main objective is to restore the lost relationship between the
offender and the victim with the help and participation of community.
WHAT ARE THE MAJOR COMPONENTS OF
THE CJS?
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE
SYSTEM
LAW ENFORCEMENT
PROSECUTION
COURTS
CORRECTIONS
COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL


JUSTICE SYSTEM
LAW ENFORCEMENT
COURTS
WHAT ARE THE FUNCTIONS OF THE
MAJOR COMPONENTS OF THE CJS?
• To prevent and control the commission of crime;
• To enforce the law;
• To safeguard lives, individual rights, and properties;
• To investigate, apprehend, prosecute and sentence
those who violated the rules of society; and,
• To rehabilitate the convicts and
reintegrate them into the community
as law-abiding citizens.
GOALS OF CJS
 Prevention of crime.
 Protect members of society against crime
 Maintain peace and order
 Suppression of criminality
 Review the legality of existing rules and
regulations
 Rehabilitation and reformation of offenders.
PENOLOGY
It is the study of punishment for crime or of criminal
offenders. It includes the study of control and prevention of
crime through punishment of criminal offenders.
The term is derived from the Latin word “POENA” which
means
pain or suffering and “POENALIS” which means punishment.
Penology is otherwise known as Penal Science. It is
actually a division of criminology that deals with prison
management and the treatment of offenders, and concerned
itself with the philosophy and practice of society in its effort to
repress criminal activities.
Penology has stood in the past and, for the most part,
still stands for the policy of inflicting punishment on the
PURPOSES/JUSTIFICATIONS OF
PUNISHMENT
1.Retribution (PERSONAL VENGEANCE/ REVENGE)–
the punishment should be provided by the state whose
sanction is violated to afford the society or the individual the
opportunity of imposing upon the offender suitable punishment
as might be enforced. Offenders should be punished because
they deserve it.
2.Expiation or Atonement – it is punishment in the form of
group vengeance where the purpose is to appease the
offended public or group.
3.Deterrence – punishment gives lesson to the offender by
showing to others what would happen to them if they violate
the law. Punishment is imposed to warn potential offenders that
they cannot afford to do what the offender has done.
4.Incapacitation and Protection – the public will be protected
if the offender has been held in conditions where he cannot
harm others especially the public. Punishment is effected by
placing offenders in prison so that society will be
ensured from further criminal depredations of criminals.
5.Reformation or Rehabilitation – it is the establishment
of the usefulness and responsibility of the offender. Society’s
interest can be better served by helping the prisoner to become
law abiding citizen and productive upon his return to the
community by requiring him to undergo intensive program of
rehabilitation in prison.
ANCIENT FORMS OF
PUNISHMENT:
1.Death Penalty / Capital Punishment – Affected by
burning, beheading, hanging, breaking at the wheels,
pillory and other forms of medieval executions.
DEATH CONVICT- This refers to an inmate were
death penalty/sentence imposed by the Regional Trial
Court is affirmed by the Supreme Court.

2.Physical Torture / Corporal Punishment– It is affected


by maiming, mutilation, whipping and other inhumane
or barbaric forms of inflicting pain.
CORPORAL PUNISHMENT – It is the infliction of
physical pain as a form of punishment.
3.Social Degradation – The act of putting the
offender into shame or humiliation.

4.Banishment or Exile / ostracism / outlawry – The


sending or putting away of an offender which was
carried out either by prohibition against coming into a
specified territory such as an island to where the
offender has been removed.
- Presently known as Destierro
THE AGE OF ENLIGHTENMENT / AGE
OF REASON
18th Century is a century of change. It is the
period of recognizing human dignity. It is the movement
of reformation, the period of introduction of certain
reforms in the correctional field by a certain person,
gradually changing the old positive philosophy of
punishment to a more humane treatment of prisoners
with innovational programs.

GOLDEN AGE OF PENOLOGY – 1870 – 1880


JURIDICAL CONDITIONS (LEGAL REQUISITES)
OF PENALTY
Punishment must be:
1.Productive of suffering – without however affecting the
integrity of the human personality.
2.Commensurate with the offense –
different crimes must be punished with
different penalties (Art. 25, RPC).
3.Personal – the guilty one must be the
one tobe punished, no proxy.
4. Legal – the consequence must be in accordance with the
law.
5. Equal – applicable for all persons.
6. Certain – no one must escape its effects.
7.Correctional – changes the attitude of offenders and
Contemporary Forms of Punishment:
1.Imprisonment / isolation / incarceration / commitment
/ incapacitation– putting the offender in prison for the purpose of
protecting the public against criminal activities and at the same
time rehabilitating the prisoners by requiring them to undergo
institutional treatment programs.
2.Parole - a conditional release of a prisoner after serving part
of his/her sentence in prison for the purpose of gradually re-
introducing him/her to free life under the guidance and supervision
of a parole officer.
3.Probation – a disposition whereby a defendant after
conviction of an offense, the penalty of which does not exceed
six years imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a
probation officer.
4. Fine – a pecuniary amount given as a compensation for a
criminal act.
Goals of Punishment
1. General Deterrence - the state tries to convince potential criminals
that
the punishment they face is certain, swift, and
severe so that they will be afraid to commit an
offense.
2. Specific Deterrence - convincing offenders that the pains of
punishment
is greater than the benefits of crime so they
will not repeat their criminal offending

3.Incapacitation - if dangerous criminals are kept


behind bars, they will not be able to repeat
their illegal activities.
4. Retribution/Just Desert - punishment should be no more or less
than the
5.Equity/Restitution - convicted criminals must pay back their
victims for their loss, the justice system for the costs of processing
their case and society for any disruption they may have caused.

6.Rehabilitation - if the proper treatment is applied, an offender will


present no further threat to society

7.Diversion - criminals are diverted into a community


correctional program for treatment to avoid stigma of incarceration.
The convicted offender might be asked to make payments to
the crime victim or participate in community based program that
features counseling.

8.Restorative Justice - repairs injuries suffered by the victim and


the community while insuring reintegration of the offender. Turn the
justice system into a healing process rather than a distributor of
retribution and revenge.
REPUBLIC
ACT No.
11131
 REPUBLIC ACT No. 11131 - AN ACT REGULATING THE PRACTICE OF
CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS
THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506,
OTHERWISE KNOWN AS "AN ACT CREATING THE BOARD OF EXAMINERS FOR
CRIMINOLOGISTS IN THE PHILIPPINES“

 This Act shall be known as "The Philippine Criminology Profession Act of 2018".
 Criminology refers to the scientific study of crimes, criminals, and victims and
criminal behavior. It also deals with the prevention, and solution of crimes.
(sec. 4 IRR)
 Registered criminologist refers to a natural person who holds a valid certificate
of registration and an updated professional identification card as criminologist issued
by the Board and the Commission pursuant to this Act.
A total 192 lawmakers voted to approve
House Bill (HB) 7191 or the “Philippine
Criminology Profession Act” authored by Reps.
Gary Alejano and
Maximo Rodriguez, Jr.
IMPLEMENTING RULES AND
REGULATIONS OF REPUBLIC ACT NO.
11131, OTHERWISE KNOWN AS "AN ACT
REGULATING THE PRACTICE OF
CRIMINOLOGY PROFESSION IN THE
PHILIPPINES, AND APPROPRIATING
FUNDS THEREFOR, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 6506,
OTHERWISE KNOWN AS AN ACT
CREATING THE BOARD OF EXAMINERS
FOR CRIMINOLOGISTS IN THE
PHILIPPINES"
RULE I
TITLE, STATEMENT OF POLICY, OBJECTIVES,
DEFINITION OF TERMS AND SCOPE OF PRACTICE
SECTION 1. Title. —This Resolution shall be known as the
Implementing Rules and Regulations (IRR) of Republic Act No.
11131 entitled "The Philippine Criminology Profession Act of 2018".
SECTION 2. Statement of Policy. — The State recognizes the
importance of criminology profession in national security, public
safety, peace and order, and in nation-building and development.
Hence, it shall develop and nurture competent, virtuous,
productive and well-rounded criminologists whose standards of
professional practice and service shall be excellent, qualitative,
world-class and globally competitive through sacred, honest,
effective and credible licensure examinations, coupled with
programs and activities that would promote professional growth
and development. This IRR of RA No. 11131 shall be interpreted,
construed and carried out in the light of the Statement of Policy
enshrined in Section 2, Article I of RA No. 11131.
SECTION 3. Objectives. — This
Act shall govern:
(a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of criminology;
(c)The participation in the standardization of
thecriminology education program;
(d)The development of the
professional competence of criminologists
through Continuing Professional Development (CPD); and
e) The integration of all criminology professional groups and membership
of all registered criminologists to the accredited professional organization.
SECTION 4. Definition of Terms. — As used
in this IRR, the following terms shall be
defined as follows:
(a)AIPO refers to the one and only recognized and
accredited integrated national organization of criminologists, as
endorsed by the Professional Regulatory Board subject to
the approval of the Professional Regulation Commission
(PRC). For purposes of implementing RA No. 11131, AIPO
shall be referred to as the Accredited Integrated Professional
Organization (AIPO) for the criminology profession;
(b)Board refers to the Professional Regulatory Board of
Criminology created hereunder;
(c)Certificate of Registration refers to the document issued
by the Commission, through the Board, signifying that the
person named therein is entitled to practice the criminology
profession with all the privileges appurtenant thereto;
(d)CHED refers to the Commission on Higher Education
(CHED) created under RA No. 7722, otherwise
known as "Higher Education Act of 1994";
(e)Code of Ethics refers to the set of moral and ethical
principles that all registered Criminologists must abide
by as they practice the profession.
(f)Code of Good Governance for the Practice of
Criminology refers to the formal outlines of the mission,
vision, and ideals of Filipino criminologists. It also
governs the criminologists' conduct towards the state,
the public, the profession and fellow professionals.
(g)Commission refers to Professional Regulation
Commission created under Republic Act No. 8981,
otherwise known as the "PRC Modernization Act of
2000";
(h)Continuing Professional Development (CPD) refers to
the attainment of advanced knowledge, skills and ethical
values in a post-licensure specialization or in an inter-or
multidisciplinary field of study, for assimilation into
professional practice, self- directed research and/or
lifelong learning.
(i)Criminology refers to the scientific study of
crimes, criminals, victims and criminal behavior. It also
deals with the prevention, and solution of crimes;
(j) Foreign Reciprocity refers to Sections 14 (a) and 29 of
this IRR which provide that only nationals of foreign
countries in which the requirements for the licensure
examination and/or registration and practice of
criminology are substantially the same as those required
and contemplated by the Philippine laws and regulations,
and which laws and regulations allow Philippine citizens to
practice criminology within the territory of such foreign
countries on the same basis and grant the same privileges
as those enjoyed by their citizens, subjects or nationals
shall be allowed to take the Philippine Criminologists
licensure examination and be given CORs and PICs
pursuant to R. A. No. 11131;
(k) Law Enforcement refers to the component of
internal or homeland security of the Philippines
charged with the mandate to enforce, investigate, and
participate as important agents in the prosecution of
violations of criminal local laws, including international
laws duly adopted as part of the law of the land under
the Constitution.
(I) National Security refers to the dynamics and interplay
of the political, economic, socio-cultural,
techno-scientific, environmental, and military to attain
and maintain a condition where the sovereignty of the
nation, the territorial integrity of the state, the
government and its instrumentalities, and the welfare
of the people are secured, advanced, nurtured, and
protected.
(m) Profession refers to the art and science in the
practice of
(n)Professional Identification Card refers to the document
bearing the registration number, dates of issuance and expiry,
duly signed by the Commission Chairperson;
(o)Professional or Component Subjects on Criminology refer to
the component subjects per area as provided under Section
15 of this IRR and subject to the conditions as may be
provided therefor or by the Board.
(p)Public Safety refers to the protection of the
homeland which includes law enforcement and policing,
criminal justice system, protection and safeguard of lives and
properties, customs and immigration, maritime sea and
border protection, health, environment and ecosystem, public
safety and civil defense.
(q)Quasi-police Functions refers to activities of law
enforcement agencies and its agents which does not directly
involve enforcement or investigation of violations of criminal laws.
This is also referred to as order maintenance or community
(r)Registered criminologist refers to a natural person who
holds a valid Certificate of Registration (COR) and an
updated Professional Identification Card (PIC) as criminologist
issued by the Board and the Commission pursuant to RA No.
11131.
(s) Report of Rating refers to the document stating the
rating
obtained by the examinee in the licensure examination;
(t)Tables of Specification (TOS) refers to the list of outcomes-
based competencies which the licensure examination
measures and assesses; and
(u)Temporary/Special Permit refers to privilege granted
to registered Criminologists from other countries and for
Filipinos in allied discipline as mentioned in Section 30 of
this IRR to be able to practice in the Philippines;
SECTION 5. Scope of Practice. — The practice of
criminology shall include, but shall not be limited to, acts
or activities performed:
(a) In line with the practice of profession or occupation as a law
enforcement administrator, executive, adviser, consultant, officer,
investigator, agent or employee in any private or government agencies
performing law enforcement and quasi- police functions at the Philippine
National Police (PNP), the National Bureau of Investigation (NBI), the
Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection
(BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial
Jail, the Bureau of Corrections (BUCOR), the Probation and Parole
Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of
Customs (BoC), the Bangko Sentral ng Pilipinas (BSP), other government
and private banks, the Philippine Postal Corporation (PPC), the Sea and
Air Marshalls, the VIP Security, Airport and Seaport Police, the National
Intelligence Coordinating Agency (NICA), the Intelligence Service of the
Armed Forces of the Philippines (ISAFP), and agencies of the
government exercising similarly related functions in the field of national
(b)In line with the practice of teaching profession
such as those performed by a professor, instructor or
teacher in any university, college or school duly
recognized by the government on any of the following
professional and component subjects of the criminology
program:
(1)Criminal Jurisprudence and Procedure;
(2)Criminalistics;
(3)Law Enforcement Administration;
(4)Crime Detection and Investigation;
(5)Correctional Administration; and
(6)Criminal Sociology and Ethics, and other
technical and specialized subjects in the criminology
curriculum provided by the CHED;
(c)As a technician, examiner/criminalist, or specialist in
dactyloscopy, questioned document, deoxyribonucleic acid (DNA),
lie detection, firearms identification, forensic photography, forensic
chemistry, other scientific crime detection and investigation or
forensic science;
(d)As a correctional administrator, executive, supervisor, or
officer in any rehabilitation, correctional, and penal institution
or facility, and in any communitybased corrections, and
rehabilitation agencies and/or programs;
(e)As a counselor, consultant, adviser or researcher in any
government or private agency on any aspect of criminological
research or project involving the causes of crime, children in
conflict with the law, treatment and correction of persons
deprived of liberty (PDL), police operation, law enforcement
administration, scientific criminal investigation or public safety
and national security administration; and
RULE II
PROFESSIONAL REGULATORY BOARD FOR
CRIMINOLOGISTS
SECTION 6. Creation and Composition of the Professional
Regulatory Board for Criminologists. — There is hereby
created a Professional Regulatory Board for
Criminologists, a collegial body under the administrative
supervision and control of the Commission, to be
composed of a chairperson and four
(4) members appointed by the President of the Philippines
from a list of three (3) recommendees for each position,
chosen and ranked by the Commission from a list of
three (3) nominees for every position endorsed by the
AIPO. The new Board shall be organized not later than
six (6) months from the effectivity of RA No. 11131.
PROFESSIONAL REGULATORY
BOARD FOR
CRIMINOLOGISTS
- a collegial body under the administrative supervision and
control of the Commission (PRC)
 Section 6. Creation, and Composition of the Professional Regulatory Board
for
Criminologists.
o CHAIRMAN/CHAIRPERSON - ATTY. RAMIL G. GABAO
o four (4) members
1. GEORGE O. FERNANDEZ
2. WARREN M. CORPUZ
3. LANI T. PALMONES
4. (VACANT)
3 to 6 years term of office
 appointed by the President of the Philippines from a list of three (3)
recommendees for each position, chosen and ranked by the Commission from a
list of three (3) nominees for every position endorsed by the AIPO ( accredited
international professional organization)
SECTION 7. Qualification of the Chairperson and Members
of the Board. — The chairperson and each member shall,
at the time of their appointment, possess all these
qualifications:
(a)Must be a natural-born Filipino citizen and a resident of
the Philippines;
(b)Must be of good moral character, good reputation and of
sound mind and body;
(c)Not convicted by a court of competent jurisdiction of
any offense involving moral turpitude;
(d)Must be a graduate of Bachelor of Science in Criminology,
and a holder of a Post Graduate Degree in Criminology from any
reputable school recognized by the CHED or a criminologist-
lawyer in good standing before the Supreme Court and the
Integrated Bar of the Philippines (IBP);
(e)Must be a registered criminologist with a valid
certificate of registration and a valid professional identification
card, having at least ten (10) years of practice in the profession
prior to the appointment including no less than two (2)
years teaching experience of criminology or law subjects in
full-time or part-time capacity in any college of criminology,
college of law or law enforcement training institutions
recognized by relevant government agency;
(f)Must be a member in good standing of the AIPO but not an
officer or trustee thereof; and
(g)Must not be a member of the faculty of any school, college
or university where a regular class or review course in criminology
is offered, nor a member of the staff of reviewers in a review
school or center for criminologists, and must not have any
direct or indirect pecuniary interest in any such institution.
SECTION 8. Term of Office. — The chairperson and members of
the Board shall hold office for a term of three (3) years from the
date of appointment or until their successors shall have been
qualified and appointed. They may be reappointed to the same
office for another term of three (3) years immediately after the
expiry of their term: Provided, That the holding of such position
shall not be more than two (2) terms nor more than six (6) years,
whichever is longer: Provided, further, That the first Board under
this Act shall hold these terms of office: the chairperson for
three (3) years, the first two (2) members for two (2) years, and
the second (2) members for one (1) year: Provided, finally, That
any appointee to a vacancy with an unexpired period shall only
serve such period. The chairperson and the members shall duly
take their oath of office.
Section 10. Powers,
Functions, Duties and
Responsibilities of the Board.
The Board shall exercise executive,
administrative, rule-making and quasi-judicial
powers in carrying out the provisions of this Act.
It shall be vested with the following specific
powers, functions, duties and responsibilities:
(a)To administer, supervise, and monitor the conduct of the
licensure examination, registration, membership in the APO and the
practice of criminology in accordance with the provisions of this Act;
(b)To receive complaints and decide the matter as to the
malpractices and unethical conduct in the practice of the criminology
profession;
(c)To promulgate and issue rules and regulations implementing
the provisions of this Act;
(d)To promulgate and adopt Code of Ethics and Code of Good
Governance for the practice of criminology;
(e) To adopt an official seal of the Board;
(f)To prescribe and promulgate guidelines on the conduct of a
CPD program for criminologists in consultation with the APO;
(g)To promulgate, adopt or amend the syllabi and tables of specifications of the
subjects for the licensure examination/s in consultation with the APO, the academe,
and the CHED Technical Panel for Criminology, prepare questions for the licensure
examination which shall strictly be within the scope of the syllabi of the subjects for
examination, as well as administer and correct, and release the results of the licensure
examinations;
(h)To issue, suspend, revoke or reinstate the certificate of registration of
the registered criminologist or cancel temporary/special permit granted to
foreign criminologist;
(i)To administer oaths in the performance of its functions such as, but not limited
to, the oath of a professional to successful examinees in licensure examination for
criminologist together with the APO in an appropriate mass oath-taking ceremony to
be held for the purpose;
(j)To monitor the conditions affecting the practice of criminology and whenever
necessary, adopt such measure as may be deemed proper for the enhancement of the
profession and the maintenance of high professional, ethical an^ technical standards;
for this purpose, the members of the Board, duly authorized by the Commission, may
conduct ocular inspection of establishments where criminology is practiced, and
recommend sanction as it may deem proper to the appropriate government agency
concerned;
(k)To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government offices, for
noncompliance with the policies, standards, and requirements as to faculty
qualifications, laboratory, library, facilities and equipment, research outputs,
curriculum and administration of the criminology education;
(l)To hear and investigate cases on violations of this Act, its implementing rules
and regulations (IRR), the Code of Ethics, the Code of Good Governance and other
policies, and for this purpose, to issue summons, subpoena ad testificandum and
subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such hearings or investigations and the production of documents in
connection therewith:
(m)To delegate to the Commission the hearing or investigation of cases against
the alleged violators: Provided, That the hearing or investigation of cases wherein the
issue or question involved strictly concerns the technical practice of criminology shall
be presided over by at least one (1) member of the Board assisted by a Legal or
Hearing Officer of the Commission;
(n)To recommend to the Commission the endorsement of cases involving
criminal violations of this Act, its IRR, and other laws to the Prosecution Office or
appropriate government agency, for investigation and appropriate action;
(o)To disqualify applicants for the licensure examination who has been previously
convicted of a crime with finality involving moral turpitude. Hear and decide administrative
cases against the examinees or registered criminologists if they have been convicted of a
crime involving moral turpitude: Provided, That if they are found guilty, the Board shall
cancel their examination papers and/or preclude them from taking another licensure
examination, or to revoke/suspend their certificates of registration and cause the surrender
of their professional identification card subject to the rules and regulations of the PRC:
Provided, further, That the decision of the Board shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment or
decision;
(p)To conduct, through the Legal or Hearing Officers, summary proceedings against
the examinees who commit violations of this Act, its IRR, any of the Codes
aforementioned, including violation of the General Instructions to Examinees, and to
render summary judgment thereon which shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment or
decision;
(q)To prepare an annual report of accomplishments on programs, projects and activities
of the Board for submission to the Commission after the close of each calendar year and
make appropriate recommendations to the Commission on issues or problems affecting the
criminology profession; and
(r)To exercise such other powers as may be provided by law as well as those which may
be implied from, or which are incidental or necessary to the effective carrying out of the
express powers granted to the Board to achieve the objectives and purposes of this Act. The
resolutions, rules and regulations and other policies issued and promulgated by the Board
Section 11. Grounds for Removal
or Suspension of Board
Chairperson/Member
The President of the Philippines, upon the
recommendation of the Commission, after due process
and administrative investigation conducted by the
Commission, may remove or suspend the Chairperson
or member of the Board on any of the following
grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;
(b)Commission of any of the causes/grounds and the prohibited acts
provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft
and Corrupt Practices Act, and other laws;
(c)Manipulation or rigging of the results in the licensure examination for
criminologists, disclosure of secret and confidential information on the
examination questions prior to the conduct thereof, or tampering of grades;
and
(d)Conviction with final judgment of any crime involving moral turpitude.
The Commission, in the conduct of the investigation, shall be guided by Section
7(s) of Republic Act No. 8981, the rules on administrative investigation, and the
applicable provisions of the New Rules of Court.
Section 22. Revocation or
Suspension of the Certificate of
Registration and Cancellation of
Temporary/Special Permit
The Board shall have the power, upon notice and hearing,
to revoke or suspend the certificate of registration of a
registered criminologist or to cancel a temporary/special
permit granted to foreign criminologist for the
commission of any of the following acts:
(a)Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of
Good Governance, or policy of the Board and/or the Commission;
(b) Conviction of a crime with finality involving moral turpitude;
(c)Perpetration or use of fraud in obtaining one's certificate of registration,
professional identification card or temporary/special permit;
(d)Gross incompetence, negligence or ignorance resulting to death or injury of a
person, or damage to property;
(e)Nonrenewal of the professional identification card for a period of six (6) years with
the PRC without justifiable cause;
(f)Aiding or abetting the illegal practice of a non-registered criminologist by allowing the
use of one's certificate of registration and/or professional identification card or
temporary/special permit;
(g) Illegally practicing the profession during the suspension from the practice thereof;
(h) Addiction to drugs or alcohol impairing one's ability to practice the profession or a
declaration by a court of competent jurisdiction that the registrant is of unsound mind; and
(i)Noncompliance with the CPD and APO requirements, unless one is exempted
therefrom, for the renewal of the professional identification card. The Board shall
periodically evaluate the aforementioned grounds and revise or exclude or add new ones as
the need arises subject to approval by the Commission.
RULE III
EXAMINATION, REGISTRATION,
CERTIFICATION AND
LICENSURE
SECTION 13. Passing of Licensure Examination
Requirements. - Except as otherwise specifically allowed
under RA No. 11131, applicants for registration for the
practice of criminology shall be required to pass a
licensure examination in such places and dates as the
Commission may designate through a Resolution on the
Master Schedules for all Licensure Examinations in
accordance with Section 7(d) of RA No. 8981.
SECTION 14. Qualification of an Applicant for
the Licensure Examination. — An applicant
for the licensure examination for
criminologist shall satisfactorily prove that
one possesses the following qualifications:
(a)Must be a citizen of the Republic of the Philippines
or a foreign citizen whose country/state has reciprocity
with the Philippines in the practice of criminology;
(b)Must be of good moral character, good reputation
and of sound mind and body certified by the school
where he/she graduated and the barangay where
he/she lives, unless the examinee is a foreign
national a certification from any professional
criminologist of good standing will do;
(c)Must hold a bachelor's degree in criminology duly
accredited by the CHED and conferred by a
school/college/university duly authorized by the government or
its equivalent programs as approved by the PRB obtained by
either a Filipino or foreign citizen from an institution of
learning in a foreign country/state: Provided, That it is duly
recognized and/or accredited by the CHED;
(d)Must not have been convicted of an offense involving
moral turpitude by a court of competent jurisdiction; and
(e)Those who failed five (5) times whether consecutive
or cumulative in the criminologist licensure examination, must
present a certification issued by a reputable institution duly
recognized by the CHED that such applicant has
satisfactorily completed a refresher course in criminology.
Subject to Section 29 on Foreign Reciprocity, foreign
nationals applying to take the Criminologist Licensure
Examination shall submit the following documentary
requirements:

(a)Duly authenticated college


diploma and transcript of records issued
by foreign HEI.
(b)Certificate of Equivalency from
the CHED (if he/she graduated from a foreign
university/school)
(c)Certification of good standing from
any professional criminologist;
SECTION 17. Rating in the Licensure Examination.
• To pass the licensure examination for criminologist, a candidate must obtain a
weighted average rating of seventy-five percent (75%) with no grade less than
sixty percent (60%) in any given subject. In case the examinee obtains a weighted
average rating of seventy-five percent (75%) but, has a grade below sixty percent
(60%) in any of the subjects, the result of the examinee shall be deferred, and be
required to retake that particular subject/s. The deferred examinee shall only be
allowed to retake once within two (2) years from the date of the examination, and
shall be required to obtain a grade not lower than eighty percent (80%) on the
subject, to be considered to have passed the licensure examination. If the
examinee failed to retake after the lapse of two (2) years or failed to get the
passing mark of eighty percent (80%), the examinee shall retake all the board
subjects.

• Any examinee who failed three (3) or more board subjects shall be deemed to
have failed the board examination.
2 KINDS OF FAILED
EXAMINATION
1.Failed to obtain an average grade of 75% and
2. Obtaining failed grades in the three (3) or
more subjects of the exams
RULE IV
PRACTICE OF CRIMINOLOGY
SECTION 27. Lawful Practitioners of Criminology. — The
following persons shall be authorized to practice the
criminology profession:
(a) Natural persons;
(1) Duly registered criminologists and holders of valid
certificates of registration and valid professional
identification cards issued by the Board and the
Commission pursuant to RA No. 11131.
(b) Juridical persons;
(1)Single proprietorship whose owner and technical staff are
registered criminologists;
(2)Partnership duly registered with the Securities and
Exchange Commission (SEC) as professional partnership
pursuant to the Civil Code and composed of partners
majority of whom are registered criminologists;
(3)Corporation duly registered with the SEC as engaged in
the practice of criminology and with officers and Board of
Directors whom are all registered criminologists; and
(4)Association and cooperative duly registered with the
appropriate government agency as a non-stock corporation
where majority of the officers, Board of Trustees and
members are registered criminologists. These juridical persons
shall also be registered with the Board and the Commission in
accordance with the rules and regulations thereon. The Board
shall issue a separate guideline to implement this provision.
SECTION 30. Practice Through
Temporary/Special Permit.
Temporary/Special permit may be issued by the Board
subject to the approval by the Commission and payment
of fees the latter has prescribed and charged thereof to
the following:
(a) Registered criminologists from foreign
countries/states
whose services are rendered either for free or for a fee:
(1) If they are internationally known criminologists or
experts in any branch, specialty or allied field of
criminology; and
(2) If their services are urgently and importantly required for lack
or inadequacy of available local specialists or experts; or for
the promotion or advancement of the practice of
criminology through transfer of technology;
(b)Registered criminologists from foreign
countries/states whose services shall be free and limited to
indigent clients or for research purposes; and
(c)Registered criminologists from foreign countries/states
employed as exchange professors in a branch, specialty
or allied field of criminology, in schools, colleges or
universities offering the course of criminology.
(d)Filipino professionals in allied disciplines who intend to
teach in PHEI offering criminology program and in review
centers for criminology licensure examination subject to the
conditions as stated in section 16 of this IRR.
The permit shall, among other things, contain the following
limitations and conditions:
(1)its validity must be for a period coterminous with the
contract or engagement but not exceeding one (1) year subject to
renewal;
(2)the branch or specialty of criminology; and
(3)specific place of practice such as national security, public
safety, law enforcement agencies, center, school, college or
university offering the program or review of criminology.
The Board, subject to the approval of the Commission, shall
promulgate rules and regulations on the implementation of
this particular section.
SECTION 37. Penal Clause.
A fine of not less than One hundred thousand pesos
(P100,000.00) nor more than Five hundred thousand
pesos (P500,000.00), or imprisonment for not less than
two (2) years and one (1) day or more than six (6) years,
or both, at the discretion of the court shall be imposed
upon any person who shall commit any of the following
acts:
(a) Practicing criminology as stated in Section 5 of RA 11131
without valid COR and a valid PIC or a valid temporary/special
permit;
(b) Attempting to use the seal, COR and PIC of a
criminologist registered
criminologist; or temporary/special permit issued to a
(c)Abetting the foreign
illegal practice of criminology by an
unregistered or unauthorized person;
(d)Securing through false information or fraudulent
means certificate of registration and professional identification
card or temporary/special permit;
(e)Impersonating a registered criminologist or a holder
of a temporary/special permit; and
(f)Violating any provision of RA No. 11131 or this IRR.
Where the violator is a juridical person, the Board of
Directors and other responsible officers of the corporation shall
be held liable.
CRIME STATISTICS
- It refers to the measure of the level or amount of crimes.
-The collection or study of numerical data of crimes
recorded/reported to the police.
-It uses the termsindex crimesand non-index crimes
in classifying crimes.
Index crimes are crimes which are sufficiently
significant and which occur with sufficient regularity to be
meaningful such as murder, homicide, physical injury,
robbery, theft and rape.
Non-index crimes are crimes that are not classified as
index crimes. Violations of special laws and other crimes
against moral and order. These crimes are generated from
the result of positive police- initiated operations.
STATISTICAL FORMULA:
1. Crime Solution Efficiency (CSE) – percentage of solved cases out of
the total number of reported crime incidents handled by the police for
a given period of time. It is a general measure of law enforcement
agency’s investigative capability or efficiency
2. Crime Rate – the number of incidents in a given period of time for
every 100,000 inhabitants of an area/place.
Average Monthly Crime Rate (AMCR) – the average number of crime
incidents occurred per month for every 100, 000 inhabitants in a
certain area.
4. Variance (or % change) – one way of analyzing crime trends. It
measures the percentage change over a given period of time.
Crime Analysis
a. Percentage Share of Crime Volume of a Certain Area
Percentage Share of the Occurrence of a Type of Crime

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