Criminal Jurisprudence and Procedure
Domain 1 - Criminal Jurisprudence and Procedure tests whether you can connect penal-law elements to procedural steps: what makes an act a felony, which circumstance applies, which court has jurisdiction, and how the case moves from complaint to appeal.
Core rules
- Under the Revised Penal Code, a felony is an act or omission punishable by law. Nullum crimen, nulla poena sine lege: no crime and no penalty without a legal provision. Penal laws are not retroactive unless they favor the accused.
- Intentional felonies require dolo: freedom, intelligence, and intent. Culpable felonies require culpa: negligence, imprudence, or lack of skill. Both need a voluntary act or omission, causation, and resulting harm.
- Justifying circumstances, such as self-defense, make the act lawful; exempting circumstances, such as insanity, remove criminal liability but may allow civil liability. Mitigating, aggravating, and alternative circumstances affect penalty.
- Jurisdiction is conferred by law and determined by the penalty and place of commission. Once criminal jurisdiction attaches, it is not lost by later developments. Procedure follows complaint or information, probable cause, arrest, bail, arraignment, trial, judgment, and appeal.
Worked example
A takes B's wallet after pointing a gun and threatening B. This is robbery, not theft, because the taking is accomplished by violence or intimidation against a person. Theft requires taking personal property without force, violence, or intimidation. The gun and threat are elements, so the charge and penalty must reflect robbery. The court's jurisdiction depends on the imposable penalty and venue.
Traps
Do not confuse justifying with exempting circumstances. Do not call every multi-offense situation a complex crime; complex crimes require one act producing two or more grave felonies, or a necessary means for another. Do not assume warrantless arrest is valid merely because the person looks suspicious.