LESSON 3 viewed as more blameworthy than someone
CRIMES: ITS NATURE AND CLASSIFICATION accused of negligence.
WHAT IS A CRIME?
INTRODUCTION
In as much as the definition of crime is An act or omission in violation of a criminal law: An
concerned, many fields of study like law, sociology and intentional commission of an act usually deemed
psychology have their respective emphasis on what socially harmful or dangerous and specifically
crime is. defined, prohibited, and punishable under criminal
law.
OBJECTIVES An anti-social act; an act that is injurious,
The students after completing the study of the lesson detrimental, or unacceptable acts
should be able to: An act which is considered undesirable due to
behavior maladjustment of the offender.
1. Define Crime according to its legal, social and
psycho-behavioral meaning CRIME VS. SIN
2. Enumerate the legal classification of crimes
3. Identify and differentiate the different Crime is an act or omission in violation of a public
Criminological classification of crimes law forbidding or commanding it, or simply a violation
4. Define Criminal and discuss its different against a penal law of state. A sin is an act or omission
classifications. against the law of God (Divine Law).
CRIME VS. LAW
Crimes are defined by two components: the There is a legal maxim, “NULLUM CRIMEN
specific act (actus reus) and the criminal intent (mens NULLA POENA SINE LEGE”, There is no crime when
rea). Actus reus includes the act and the circumstances there is no law punishing it. The phrase reflects the
under which the act occurs. For example, the common principle in criminal law and international criminal law
law crime of burglary includes the breaking and that a person cannot or should not face criminal
entering of another’s dwelling, at night, without punishment except for an act that was criminalized by
consent. Mens rea refers to a person’s mental state. law before they performed the act.
There are different levels of criminal intent, In other words, a certain action will never be
defined by the elements of purpose, knowledge, treated as crime when there in specific law stated
negligence, and recklessness: therein.
• A person purposely commits a criminal act when he GENERAL LAWS IN CRIME
or she desires to engage in criminal conduct to
Offense - an act or omission that is punishable by
cause a particular criminal result.
special laws such as Republic Acts, Presidential
• To knowingly commit a criminal act, a person must
Decrees, Executive Orders, Memorandum Circular,
know, believe, or suspect that an action is criminal.
etc.
• Criminal negligence occurs when a person grossly
Delinquency or Misdemeanor - an act that is in
deviates from a standard that a reasonable person
violation of simple rules and regulations usually
would use under the same circumstances—the
referring to acts committed by minor offenders.
person is accused of taking a substantial and
Felony - an act or omission that is punishable by the
foreseeable risk that resulted in harm.
Revised Penal Code, the criminal in the Philippines.
• Criminal recklessness is the conscious disregard of a
substantial risk—a person accused of recklessness is
class in the course of their occupational activities (Elite
Deviance, Corporate Crime). Blue Collar Crimes are
those committed by ordinary professionals to maintain
their livelihood.
CRIMINOLOGICAL CLASSIFICATION OF CRIMES
Example:
A. ACCORDING TO THE RESULT OF CRIME White-collar Crime: Graft and Corruption,
Plunder, Money Laundering, Insurance Fraud
Acquisitive Crime is one which when Blue-collar Crime: Shoplifting, Theft, Selling
committed, the offender acquires something as a Pirated CDs or DVDs,
consequence of his criminal act. The crime is extinctive
when the result of criminal act is destruction. F. ACCORDING TO THE USE OF MENTAL FACULTIES
Example: Rational Crime are crimes that was committed
Acquisitive: Theft, Robbery, and Estafa with intent and the offender is in full possession of his
Extinctive: Homicide, Murder, Parricide, and sanity. While, Irrational Crime are crimes that
Arson committed by an offender who does not know the
nature and quality of his act an account of the disease
B. ACCORDING TO THE TIME OR PERIOD OF THE of the mind.
COMMISSION OF CRIME
G. ACCORDING TO THE STANDARD OF LIVING
Seasonal crimes are those that are committed
only at certain period of the year while situational Upper World Crimes are those committed by
crimes are those that are committed only when given a individuals belonging to the upper class of society.
situation conducive to its commission. Underworld Crimes are committed by members of the
lower or under privilege class of society.
Example:
Seasonal Crime: Rampant snatching during H. ACCORDING TO THE MOTIVE OF THE OFFENDER
Christmas season
Crimes by Imitation are crimes committed by
Situational Crime: Hold-up during night time
merely duplication of what was done by others. Crimes
C. ACCORDING TO THE LENGTH OF TIME OF by Passion are crimes committed because of the fit of
COMMISSION OF THE CRIME great emotions. Service Crime committed through
rendition of a service to satisfy desires of others.
Episodic crimes are serial crimes; they are
committed by series of act within a lengthy space of Examples:
time. Instant crimes are those that are committed the Crimes by Imitation: Mark watches television
shortest possible time. and saw a crime then he does the same crime on his
neighbor he does the same strategy on what he saw in
Example: the television.
Instant Crime: pick pocketing, Bribery Crimes of Passion: He shot her ex-wife cause of
Episodic Crime: Kidnapping jealousy and because he caught her dating with another
D. ACCORDING TO THE PLACE OR LOCATION man.
Service Crime: Gambling, Prostitution, Hired
Static crime are crimes committed only in one Killer
place. Continuing crime are those committed in several
places. CLASSIFICATION OF CRIMES ACCORDING TO THE
PHILIPPINE NATIONAL POLICE (PNP)
Example:
Static Crime: Rape, Murder, Robbery, Trespass A crime is an act committed or omitted in
to Dwelling violation of a law forbidding or commanding it and for
Continuing Crime: Serial Killing, Series of Arson, which a punishment is imposed upon conviction. For
Kidnapping statistical purposes and to create a standardized
definition of crime classification, crime is further
E. ACCORDING TO THE TYPE OF OFFENDER divided into index and non-index crimes.
White Collar Crimes are those committed by a Index crimes, as defined by the Philippine National
person of responsibility and of upper socio-economic Police (PNP), are crimes which are serious in nature
and which occur with sufficient frequency and appropriate classification for purposes of further
regualrity such that they can serve as an index to the elaboration and understanding about them.
cirme situation. PNP consider only the crimes of
murder, homicide, physical injury (serious and less A. BASED ON ETIOLOGY
serious), carnapping, cattle rustling, robbery, theft I. Acute Criminal is one who violates a criminal law
and rape as index crimes including Special Complex because of the impulse or fit of passion. They
Crimes. commit passionate crimes.
Non-index crimes, on the other hand, — are II. Chronic Criminal is one who commits crime acted
violation of Special Laws and RPC that are NOT in consonance of deliberate thinking. He plans the
categorized as index crimes. EXCLUDED herein are crime ahead of time. They are the targeted
Reckless Imprudence, Vehicular Incidents, and Other offenders.
Quasi-Offenses under the provision of RPC.
B. BASED ON BEHAVIORAL SYSTEM
CLASSES OF CRIMES UNDER THE REVISED PENAL
I. Ordinary Criminal is considered the lowest form of
CODE (RPC)
criminal in a criminal career. He doesn’t stick to
Under Philippine law (Revised Penal Code), crime as profession but rather pushed to commit
crimes are classified as: crimes due to great opportunity.
II. Organized Criminal is one who associates himself
1. Crimes against national security (such with other criminals to earn a high degree of
as treason, espionage and piracy), organization to enable them to commit crimes
2. Crimes against the fundamental laws of the state easily without being detected by authorities.
3. Crimes against Public Order (rebellion, coup III. Professional Criminal is a person who is engaged
d'état, sedition and public disorders), in criminal activities with a high degree of skill. He
4. Crimes against public interest (counterfeiting of is usually one who practices crimes as a profession
currency, falsification of public documents), to maintain a living.
5. Crimes against public morals,
6. Crimes committed by public officers, C. BASED ON ACTIVITIES
7. Crimes against persons (parricide, murder, physical
injuries, rape), I. Professional Criminals are those who practices
8. Crimes against Properties crime as a profession for a living. Criminal activity
9. Crimes against Personal Liberty and security is constant in order to earn skill and develop
(kidnapping), and crimes against property (robbery, abilities in their commission.
theft), II. Accidental Criminals are those who commit crimes
10. Crimes against Chastity when the situation is conducive to its commission.
11. Crimes against Civil Status of Persons III. Habitual Criminals are those who continue to
12. Crimes against Honor commit crime because of deficiency of intelligence
13. Quasi-offenses or Criminal Negligence and lack of self-control.
THE CRIMINAL / OFFENDER D. BASED ON MENTAL ATTITUDES
The criminal is the actor in the commission of a I. Active Criminals are those who commit crimes due
criminal act. On the basis of the definition of crime, a to aggressiveness.
criminal may be defined in three ways: II. Passive Inadequate Criminals are those who
commit crimes because they are pushed to it by
1. A person who committed a crime and has been reward or purpose.
convicted by a court of a violation of a criminal law. III. Socialized Criminals are criminals who are normal
2. A person who violated a social norm or one who did in behavior but defective in their socialization
an anti-social act. process or development.
3. A person who violated rules of conduct due to
behavioral maladjustment. E. BASED ON LEGAL POINT OF VIEW
CLASSES OF CRIMINALS I. Habitual Delinquent is a person who, if within a
period of ten years from the date of his release or
While crimes (acts) are classified into different last conviction of the crimes of robo (Robbery),
classifications, criminals (actor) are also given the hurto (Theft), estafa, or falsification, he is found
guilty of any of said crimes a third time or offender.
II. Recidivist (repeat offender) is one who, at the shall commit a new felony before beginning to
time of his trial for one crime, shall have been serve such sentence, or while serving the same.
previously convicted by final judgment of another
crime embraced in the same title of the Revised REFERENCES:
Which is an example of episodic memory? – MV-organizing.com. (n.d.). Mv-Organizing.com.
Penal Code. Retrieved August 11, 2022, from https://mv-organizing.com/which-is-an-
III. Quasi-recidivist (convicted offender) is a person, example-of-episodic-memory/#What_is_static_crime
Rommel K. Manwong, “Fundamentals of Criminology” Fourth Edition
after having been convicted by final judgment,