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AllBar 2024CRIMINAL LAWI. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAWD. Principles of Generality, Territoriality and Prospectivity

Question

FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW

D. Principles of Generality, Territoriality, and Prospectivity

Consider the following scenarios:

  1. John, a Philippine citizen residing in the Philippines, commits a crime while on vacation in a foreign country. Upon returning to the Philippines, he is apprehended by the local authorities.
  2. Maria, a Canadian citizen, visits the Philippines as a tourist. While in the country, she commits a crime and immediately leaves for Canada before she can be apprehended.
  3. Peter, a U.S. citizen, downloads illegal content while on a layover in the Philippines. The illegal content is stored on his electronic device.

Based on the principles of generality, territoriality, and prospectivity in criminal law:

  1. Discuss the jurisdiction that applies to John's case and whether he can be prosecuted in the Philippines.
  2. Explain the jurisdiction that applies to Maria's case and whether she can be extradited to the Philippines for prosecution.
  3. Analyze the jurisdiction that applies to Peter's case and whether he can be held liable for the crime committed.



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Bar Review Question: FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW D. Principles of Generality, Territoriality, and Prospectiv