Basic Maxims in Criminal Law

1. Nullum crimen, nulla poena sine lege. (There is no crime, when there
is no law punishing the same).
2. Actus non facit reum, nisi mens sit rea. ( The act cannot be criminal
where the mind is not criminal).
3. Doctrine of Pro Reo. Whenever a penal law is to be construed or
applied and the law admits of two interpretations, one lenient to the
offender and one strict to the offender, that interpretation which is
lenient or favorable to the offender will be adopted.
4. Actus me invito, factus non est meus actus. (An act done to by me
against my will is not my act).
Crime is a generic term used to refer to a wrongdoing punished either
under the Revised Penal Code or under Special Law.344u
Various Classifications of Crimes:
1.
As to manner or mode of execution
1.1.
Dolo or felonies committed with deliberate intent.
1.2.
Culpa or those committed by means of fault.
2.
As to Stages of Execution
2.1.
Consummated
2.2.
Frustrated
2.3.
Attempted
3.
As to gravity
3.1. Light felonies
3.2. Less grave felonies
3.3. Grave felonies
4.
As to nature
4.1.
Mala in se
4.2.
Mala prohibita
5.
As to count
5.1.
Composite or special complex
5.2.
Complex, under Art 48
5.3.
Continuing
6.
As to division
6.1.
Formal felonies. Those which are always consummated (e.g.
6.2.

physical injuries)
Material felonies. Those which have various stages of

6.3.

execution.
Those which do not admit of the frustrated stage. (e.g.
rape and theft)

Where there is no judicial department to interpret and execute the

law, to decide controversies, and to enforce rights, the government
must either perish by its own imbecility or the other departments of
government must usurp powers for the purpose of commanding obedience,
to the destruction of liberty.

Chancellor James Kent