CRIMINAL LAW
BOOK 1
Atty. Mark A. Madalang Jr.
,CRIMINAL LAW
Is that branch of law, which
defines crimes, treats of their
nature, and provides for their
punishment
, THEORIES IN CRIMINAL LAW
1. Classical Theory- the basis of criminal liability is hum
free will and the purpose of the penalty is retribution. It is
endeavored to establish a mechanical ad direct proportion
between crime and penalty, and there is scant regard to h
element.
2. Positivist Theory- The basis of criminal liability is the
of the social, natural and economic phenomena to which t
actor is exposed. The purposes of penalty are prevention
correction. This theory is exemplified in the provisions reg
impossible crimes, the mitigating circumstances of volunt
surrender and plea of guilty and habitual delinquency.
, THEORIES IN CRIMINAL LAW
3. Eclectic or Mixed Method Theory- It is a combinatio
of positivist and classical thinking wherein crimes that are
economic and social in nature should be dealt in a positiv
manner, thus, the law is more compassionate. Ideally, the
classical theory is applied to heinous crimes, whereas, the
positivist is made to work on economic and social crimes.
4. Utilitarian or Protective Theory- The primary
purpose of punishment under criminal law is the protectio
of society from actual and potential wrongdoers.
BOOK 1
Atty. Mark A. Madalang Jr.
,CRIMINAL LAW
Is that branch of law, which
defines crimes, treats of their
nature, and provides for their
punishment
, THEORIES IN CRIMINAL LAW
1. Classical Theory- the basis of criminal liability is hum
free will and the purpose of the penalty is retribution. It is
endeavored to establish a mechanical ad direct proportion
between crime and penalty, and there is scant regard to h
element.
2. Positivist Theory- The basis of criminal liability is the
of the social, natural and economic phenomena to which t
actor is exposed. The purposes of penalty are prevention
correction. This theory is exemplified in the provisions reg
impossible crimes, the mitigating circumstances of volunt
surrender and plea of guilty and habitual delinquency.
, THEORIES IN CRIMINAL LAW
3. Eclectic or Mixed Method Theory- It is a combinatio
of positivist and classical thinking wherein crimes that are
economic and social in nature should be dealt in a positiv
manner, thus, the law is more compassionate. Ideally, the
classical theory is applied to heinous crimes, whereas, the
positivist is made to work on economic and social crimes.
4. Utilitarian or Protective Theory- The primary
purpose of punishment under criminal law is the protectio
of society from actual and potential wrongdoers.
