Legal Maxims Criminal Law

BASIC MAXIMS IN CRIMINAL LAW

Doctrine of Pro Reo

Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and one strict to the offender – that interpretation which is lenient or favorable to the offender will be adopted.

Nullum crimen, nulla poena sine lege

There is no crime when there is no law punishing the same.  This is true to civil law countries, but not to common law countries. Because of this maxim, there is no common law crime in the Philippines.  No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime.

Actus non facit reum, nisi mens sit rea

The act cannot be criminal where the mind is not criminal.  This is true to a felony characterized by dolo, but not a felony resulting from culpa.  This maxim is not an absolute one because it is not applied to culpable felonies, or those that result from negligence.