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

Question

FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW Topic: Principles of Generality, Territoriality, and Prospectivity

Alex, a Filipino citizen, commits a crime in Country X where the act is considered legal. He later returns to the Philippines and is apprehended by local authorities. The Philippine government wants to prosecute Alex for his actions in Country X.

1. Can the Philippine government prosecute Alex for a crime committed in Country X? Explain.

2. If Alex's actions are considered illegal in the Philippines but legal in Country X, can Alex still be prosecuted under Philippine law? Provide a legal basis for your answer.

3. John, a foreign national, commits a crime in the Philippines while he is on vacation. He later returns to his home country and is detained by authorities there. Can the Philippine government request for John's extradition to face trial in the Philippines? Explain.

4. Are there any limitations to the principle of territoriality in the application of criminal law? Discuss.

5. Maria, a Philippine citizen, committed a crime in a foreign country that has no extradition treaty with the Philippines. Can she be prosecuted for the offense in the Philippines? Explain.

6. How would the principle of prospectivity affect the prosecution of an act that was legal at the time it was committed but subsequently declared illegal? Discuss with reference to Philippine law.




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Bar Review Question: FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW Topic: Principles of Generality, Territoriality, and Prospe