UNIT 1

CRIMINOLOGY
- according to Edwin H. Sutherland, “criminology is the entire body of knowledge
regarding crime as
a social phenomenon. It includes within its scope the process of making of laws, of
breaking of laws, and the society’s reaction towards the breaking of laws.”
- Criminology is a body of knowledge regarding crimes, criminals and the efforts of
society to prevent and repress them.
- the scientific study of the causes of crime in relation to man and society who set and
define rules and regulations for himself and others to govern
Criminologist (R.A. 6506)
- any person who is a graduate of the Degree of Criminology, who has passed the
examination for criminologists and is registered as such by the Board of Examiners of
the Professional Regulation Commission (PRC).
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 1889, Paul Topinard, French Anthropologist, used the term criminology in French
criminologie for the first time
Principal Divisions of Criminology
1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal
behavior.
2. Sociology of Law – refers to the investigation of the nature of criminal law and its
administration
3. Penology – the study of the control of crimes and the rehabilitation of offender
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.
Nature of Criminology
1. It is applied science because criminology as a body of knowledge has already established
universally accepted principles and concepts and these are used by other field of study.
(INSTRUMENTATION)
2. It is a social science because it studies crime as a social phenomenon. Crime is a social
problem which has a great impact to society.
3. It is dynamic because the concepts of criminology and their applications adapt to the
changing time.
4. It is nationalistic because the study of criminology takes into consideration the history, the
culture and the social norms and the laws of the country. Each country has its own set of laws
and crimes are defined by the laws of the country.
Scope in the Study of Criminology
1. Study of the origin and development of criminal law
2. Study of the causes of crimes and development of criminals
3. Study of the other sciences that examine criminal behavior using scientific methods such as:
criminal demography – the study of the relationship between criminality and population
 criminal epidiomology – the study of the relationship between environment and
criminality
criminal ecology – the study of criminality in relation to the spatial distribution in a
community
criminal physical anthropology – the study of criminality in relation to physical
constitution of men
criminal psychology – the study of human behavior in relation to criminality
criminal psychiatry – the study of human mind in relation to criminality
victimology – the study of the role of the victim in the commission of a crime
CRIMES AND CRIMINALS
CRIME
– refers to an act committed or omitted in violation of public law (Phil. Law Dictionary).
- It also refers to an act committed or omitted in violation of a public law forbidding or
commanding it (Reyes 2006).
CLASSIFICATION OF CRIMES
LEGAL CLASSIFICATIONS:
1. According to law violated
a. Felony – an act or omission punishable by law which is committed by means of dolo
(deceit) or culpa (fault)and punishable under the Revised Penal Code
b. Offense – an act or omission in violation of a special law
c. Infraction – an act or omission in violation of a city or municipal ordinance
2. According to the manner of committing crime:
a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it is
called intentional felonies.
• freedom or voluntariness
• intelligence
• intent
b. By means of culpa or fault
- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious and the injury caused by the offender is
unintentional, it being the simply the incident of another act performed without malice
• lack of foresight
• lack of skill
• negligence
• imprudence
3. According to the stages in the commission:
a. Attempted – the crime is attempted when the offender commences the commission
of a felony directly or over acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than this own
spontaneous desistance.
b. Frustrated - when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless do not produce it by
reason of causes independent of the will of the perpetrator.
c. Consummated - when all the elements necessary for its accomplishment and
execution are present
4. According to plurality:
a. Simple Crime – is a single act constituting only one offense.
b. Complex Crime – single act constituting two or more grave felonies or an is a
necessary means for committing the other
Two (2) Kinds of Complex Crime:
1. compound crime (delito compuesto)
2. complex crime proper (delito complejo)
A COMPOUND CRIME is one where a single act produces two or more crimes
-The single act of pitching or rolling the hand grenade on the floor of the gymnasium which
resulted in the death of one person and injuries to others. Accused was convicted of murder
with multiple attempted murder and was sentenced to suffer reclusion perpetua without eligibility
for parole (People v. Mores, G.R. No. 189846, June 26, 2013).
-The single act of running over the victims with a van from behind while the victims were
walking, resulting in the death of two persons and injuries to others constitute a compound
crime of double murder with multiple attempted murder (People v. Punzalan, G.R. No. 199892,
December 10, 2012).
A COMPLEX CRIME PROPER strictly speaking is one where the offender has to commit an
offense as a means for the commission of another offense. It is said that the offense is
committed as a necessary means to commit the other offense. “Necessary” should not be
understood as indispensable, otherwise, it shall be considered absorbed and not giving rise to a
complex crime.
Estafa through falsification of public documents
Rape through forcible abduction
A COMPOSITE CRIME is one in which substance is made up of more than one crime, but
which in the eyes of the law only a single indivisible offense is. This is also known as a special
complex crime. Examples are robbery with homicide, robbery with rape, rape with homicide.
These are crimes which in the eyes of the law are regarded only as a single indivisible offense.
5. According to gravity:
a. Grave felonies - are those to which the law attaches the capital punishment or
penalties which in any of their periods are afflictive,
b. Less grave felonies - Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional
c. Light felonies - Light felonies are those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) or
both is provided.
ACCORDING TO GRAVITY

Grave Felony→ Afflictive Fine exceeding 1,200,000

Less Grave Felony→Correctional Fine not exceeding 1,200,000 but not lower than 40,000

Light Felony→Light Fine less than 40,000

 DURATION OF PENALTIES

Gravity Duration

Reclusion Perpetua Afflictive 20 years and 1 day to 40 years

Reclusion Temporal 12 years and 1 day to 20 years

Prision Mayor 6 years and 1 day to 12 years

Prision Correctional Correctional 6 months and 1 day to 6 years

Arresto mayor 1 month and 1 day to 6 months

Arresto menor Light 1 day to 30 days

6. According to the nature of the act:

a. Crimes mala in se – are acts that are inherently evil. Examples are murder, robbery,
etc
b. Crimes mala prohibita – are acts which are prohibited only because there are laws
forbidding such acts. Examples are Illegal Possession of firearms, Traffic Violations, etc.
CRIMINOLOGICAL CLASSIFICATION OF CRIME
According to the result of the crime:
Acquisitive crime: The offender acquires something (ex. Estafa, theft)
Extinctive crime: The consequence of the act is destructive ex. Arson, malicious
mischief.
According to the time or period of the commission of the crime:
Seasonal crime: Committed only during a certain period of the year. (Ex. Tax fraud,
violation of Omnibus election code)
Situational crime: Committed only when the situation is conducive to its commission.
According to the length of time of the commission of the crime:
Instant crime- Committed in the shortest possible time.
Episodial crime- Committed by a series of acts in a lengthy space of time.
According to the place or location:
Static crime- Committed in only one place.
Continuing crime- Committed in several places.
According to the use of mental faculties:
Rational crime- Committed with intent and the offender is in full possession of his sanity
(normal)
Irrational crime- Committed by an offender who does not know the nature and quality of
his act on account of the disease of the mind (abnormal)
According to the type of offender:
White-collar crime- Committed by a person belonging to the upper socio-economic
class during his occupational activities.
Blue-collar crime- Committed by ordinary professional criminals to maintain his
livelihood.