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
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.
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