Basic Maxims in Criminal Law
Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenientto the offender and one strict to the offender – that interpretation which is lenient or favorable to theoffender will be adopted. accused and consistent with presumption of innocence of the accused.
This is peculiar only to criminallaw.
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Territorialitymeans that the penal laws of the country have force and effect only within its territory.
Itcannot penalize crimes committed outside the same.
This is subject to certain exceptions brought aboutby international agreements and practice.
The territory of the country is not limited to the land where itssovereignty resides but includes al.
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Effect of Repeal of Penal Law to Liability of Offender
A repeal is absolute or total when the crime punished under the repealed law has been decriminalizedby the repeal.
Because of the repeal, the act or omission which used to be a crime is no longer a crime.An example is Republic Act No. 7363, which decriminalized subversion.
A repeal is partial or relative when the crime punished under the repealed l.
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General – The Law Is Binding to All Persons Who Reside in The Philippines
Generality of criminal law means that the criminal law of the country governs all persons within thecountry regardless of their race, belief, sex, or creed.
However, it is subject to certain exceptions broughtabout by international agreement.
Ambassadors, chiefs of states and other diplomatic officials areimmune from the application of penal laws w.
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Prospective (Prospectivity)– The Law Does Not Have Any Retroactive Effect.
This is also called irretrospectivity. taken effect.
Vice-versa, this act or omission which has been committed before the effectivity of a penallaw could not be penalized by such penal law because penal laws operate only prospectively. repealing law.
If it is an original penal law, that exception can never operate.What is contemplated bythe excepti.