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Characteristics of Criminal Law

There are three characteristics of Criminal Law. They are as follows:
1. GENERAL
     Penal laws and those of public security and safety shall be obligatory upon all who live and sojourn in the Philippine territory, subject to the principles of public international law and treaty stipulations.

What are the Principles of Public International Law?
     The following persons are not subject to the operation of our criminal laws:
a. Sovereigns and other heads of the state;
b. Charges d'affaires;
c. Ambassadors;
d. Ministers Plenipotentiary; and
e.  Ministers Resident.
     The basis for granting immunity for diplomatic heads are  "PAR IN PAREM, NON HABET IMPERIUM" which means that all states are sovereign equals and cannot assert jurisdiction over another.
Exception: 
     The Doctrine of immunity from suit will not apply and may not be invoked where the public official is being sued in his private and personal capacity as an ordinary citizen.
     The cloak of protection afforded the officers and agents of the government are removed the moment they are sued in their individual capacity.

2. TERRITORIAL
     Criminal laws undertake to punish crimes committed within the Philippine territory.
General Rule:
     Penal laws of the Philippines have force and effect only within its territory.
Exceptions:
a. RPC shall not be enforced within or outside the Philippine territories if so provided under:
     i. Treaties; and
     ii. Law of preferential  application.
b. Article 2, RPC
     i. Should commit an offense while on a Philippine ship or airship;
     ii. Should forge or counterfeit any coin or currency not of the Philippines issued by the Philippine government;
     iii. Should be liable for acts connected with the introduction into the Philippines of obligations and securities issued by the Philippine government;
     iv. While being public officers and employee, should commit an offense in the exercise of their functions; and
     v. Should commit any of the crimes  against National security and the Law of Nations.

EXTRATERRITORIALITY
     It is the application of the Revised Penal Code (RPC) outside of the Philippines.
Jurisdiction over crimes committed within the grounds of an embassy:
     a. First view
     A crime committed within the grounds of a Philippine embassy on foreign soil shall be subject to Philippine penal laws.
     Embassy grounds are considered as extensions of the sovereignty of the country occupying them.
     b. Second view
      The ground occupied by an embassy is not in fact the territory of the foreign State to which the premises belong to through possession or ownership.

3. PROSPECTIVITY
     General Rule:
     Criminal Law cannot penalize an act that was not punishable at the time of its commission. Crimes are punished under the laws in force at the time of their commission. 
     Exception:
     Whenever a new statute dealing with crime establishes  conditions more lenient or favorable to the accused, it can be given retroactive effect.
     Exceptions to the exception:
     a. Where the new law is expressly made inapplicable to pending actions or existing causes of actions.
     b. Where the offender is a habitual criminal.
(Note: Penal Laws are strictly construed against the government and liberally in favor of the accused.)

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