Pinoy Crim
JurisprudenceLaw EnforcementCriminalisticsCrime DetectionSociology of CrimesCorrectional Admin
Practice Exams

Module 9.3: Crime, Criminal, and Criminality Defined

I. Defining "Crime"

The definition of crime is not static; it depends on the perspective one takes.

A. The Legal Definition of Crime

From a strict legal standpoint, a crime is any act or omission that violates a criminal law and is punishable by the state.

  • Act or Omission: A crime can be an action (e.g., stabbing someone) or a failure to act when there is a legal duty to do so (e.g., a parent failing to provide food for their child).
  • Violation of Law: The act must be specifically prohibited by a written statute (e.g., the Revised Penal Code, a Republic Act).
  • Punishable by the State: The state (government) has the authority to impose a punishment, such as imprisonment or a fine.

Key Principle: "Nullum crimen, nulla poena sine lege." (There is no crime, and there is no punishment, without a law). In the legal sense, an act is not a crime, no matter how immoral it may be, if there is no law against it.

B. The Criminological Definition of Crime

Criminologists often use a broader, more sociological definition. They are interested not just in what the law says, but in why it says it and what other harmful acts are not defined as criminal.

  • A criminological definition might include any act that causes significant social harm or violates basic human rights, regardless of whether it is illegal.
  • Example: A corporation that knowingly pollutes a river, causing illness in a community, may not be committing a "crime" under a narrow law, but a criminologist would certainly view it as a social harm worthy of study.

C. The Crime Triangle (Problem Analysis Triangle)

This is a simple model used in crime analysis to understand the necessary elements for a crime to occur. It states that for a crime to happen, three things must converge in time and space:

  1. A Motivated Offender: Someone who is willing and able to commit the crime.
  2. A Suitable Target: A person or property that is vulnerable and attractive to the offender.
  3. The Absence of a Capable Guardian: No person or thing present to prevent the crime (e.g., no police, security guard, locked doors, or watchful neighbor).

The central idea of many crime prevention strategies is to break this triangle by removing one of its sides (e.g., by increasing guardianship through more police patrols).

III. Classification of Crimes

Crimes can be classified in many different ways.

A. Legal Classification (According to the Revised Penal Code)

  1. According to Gravity:

    • Grave Felonies: Those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive (imprisonment from 6 years and 1 day to life imprisonment, or a fine exceeding P1,200,000).
    • Less Grave Felonies: Those which the law punishes with penalties which in their maximum period are correctional (imprisonment from 1 month and 1 day to 6 years, or a fine not exceeding P1,200,000).
    • Light Felonies: Those infractions of law for the commission of which the penalty of arresto menor (1 to 30 days imprisonment) or a fine not exceeding P40,000, or both, is provided.

  2. According to the Manner of Commission (Dolo/Culpa):

    • Intentional Felonies (Dolo): The act is committed with deliberate intent or malice.
    • Culpable Felonies (Culpa): The act results from imprudence, negligence, lack of foresight, or lack of skill.

B. Criminological Classification

  1. According to the Result of the Crime:

    • Acquisitive Crimes: The offender acquires something as a result of the crime (e.g., theft, robbery).
    • Extinctive Crimes: The crime results in the destruction of property (e.g., arson, malicious mischief).

  2. According to the Time or Period Committed:

    • Seasonal Crimes: Crimes that are committed only during a specific season or period (e.g., tax evasion, violation of election laws).
    • Situational Crimes: Crimes that are committed only when the situation is conducive to their commission.

  3. According to the Length of Time of Commission:

    • Instant Crimes: Crimes that are committed in the shortest possible time (e.g., simple theft).
    • Episodal Crimes: Crimes committed through a series of acts in a lengthy space of time (e.g., serious illegal detention).

  4. According to the Type of Offender:

    • White-Collar Crimes: Crimes committed by a person of respectability and high social status in the course of their occupation (e.g., embezzlement, fraud, corruption).
    • Blue-Collar Crimes: Crimes committed by ordinary members of the lower social classes (e.g., street crimes like robbery and theft).

  5. Index vs. Non-Index Crimes:

    • A classification used by the PNP to monitor the national crime situation.
    • Index Crimes: Serious crimes that occur with sufficient frequency and regularity that they can serve as an "index" of the overall crime rate. These include crimes against persons (e.g., murder, homicide, physical injury, rape) and crimes against property (e.g., robbery, theft).
    • Non-Index Crimes: All other illegal acts, including violations of special laws (e.g., drug laws, traffic laws) or less serious felonies.

Introduction

To study criminology, one must first have a clear understanding of its core concepts. The field revolves around three central terms: Crime, the act itself; Criminal, the person who commits the act; and Criminality, the nature or quality of the act. While these terms may seem simple, their definitions are complex and are viewed differently from legal and criminological perspectives. This module will define these foundational terms and explore the various ways in which crime is classified.

Key Learning Objectives:

  • Differentiate between the legal and criminological definitions of crime.
  • Define the terms "criminal" and "criminality."
  • Classify crimes according to their legal status, severity, and nature.
  • Understand the concept of the "crime triangle."

II. Defining "Criminal" and "Criminality"

A. Criminal

  • Legal Definition: A "criminal" is a person who has been tried and convicted of a crime in a court of law. Until a conviction is final, a person is only a suspect or an accused.
  • Criminological Definition: From a criminological perspective, a "criminal" is any person who has committed a criminal act, regardless of whether they have been caught, tried, or convicted.

B. Criminality

  • Definition: Criminality is the quality or state of being criminal. It is the set of behavioral, psychological, and social characteristics associated with the tendency to commit crimes.
  • Focus of Study: While the law focuses on the crime (the act), criminology is often more interested in the criminality (the nature of the person). Positivist criminologists, in particular, seek to identify the factors that contribute to a person's criminality.

Conclusion

The terms "crime," "criminal," and "criminality" are the building blocks of criminological study. While the law provides clear but narrow definitions, criminology approaches these concepts from a broader, more analytical perspective. The legal definition of crime is essential for the functioning of the criminal justice system, but the various criminological classifications allow us to see patterns, understand motives, and develop more nuanced theories about the causes and control of different types of criminal behavior. A clear understanding of these basic definitions is the first step toward a scientific analysis of the crime problem.