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CODIFICATION PROGRAM Criminal Code Reform

CODIFICATION PROGRAM Criminal Code Reform. JUSTICE for ALL. Background. 1st SONA on 26 July 2010, President Benigno S. Aquino III directed the recodification of laws to ensure consistency DOJ created the CCC through Dept. Circular No. 19 dated 20 April 2011

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CODIFICATION PROGRAM Criminal Code Reform

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  1. CODIFICATION PROGRAMCriminal Code Reform JUSTICEfor ALL

  2. Background • 1st SONA on 26 July 2010, President Benigno S. Aquino III directed the recodification of laws to ensure consistency • DOJ created the CCC through Dept. Circular No. 19 dated 20 April 2011 • Experts Group was convened to serve as the CCC’s working group

  3. Agencies and Institutions • Senate • House of Representatives • Supreme Court • Sandiganbayan • Philippine Judicial Academy • Philippine Judges Association • Integrated Bar of the Philippines • Philippine Bar Association • Philippine National Police • Chief Prosecutors Association • Regional Prosecutors Council • Philippine Association of Law Schools • Transparency International

  4. Agencies and Institutions • National Bureau of Investigation • Bureau of Immigration • Board of Pardons and Parole • Bureau of Corrections • Parole and Probation Administration • Land Registration Administration • Public Attorney’s Office • Office of the Solicitor General • Office of the Government Corporate Counsel • Presidential Commission on Good Government

  5. Philosophy • Simple, modern, organic, truly Filipino Criminal Code • Inclusive, consultative and democratic • Multi-disciplinary and not narrowly legalistic • Systemic perspective; approaching issues from the point of view of all stakeholders of the criminal justice system • “Tabula rasa” approach; not constrained by existing frameworks; adopting innovative solutions

  6. Report • Inventory of all penal laws • 180 special penal laws • 141 general laws with penal provisions • Experts Group Meetings (EGMs), presentations and special lectures, writeshops

  7. Report • Legislators Forum (28 July 2011) led by Senate President Enrile and Rep. Tupas • Presentation before legal experts (23 September 2011) composed of Supreme Court, Court of Appeals, Sandiganbayan justices and trial court judges; criminal law experts from the academe and private practitioners • Presentation before the Chief Prosecutors of Metro Manila (07 October 2011)

  8. Report • Focus Group Discussions • Law Enforcement Sector (26 August 2011) • Corrections Sector (09 September 2011) • Women and Children Sector (23 September 2011) • Investigators, Prosecutors and Defenders (11 November 2011) • Business Sector (20 January 2012) • Media Sector (26 April 2012) • Exchange and Study Program to Berlin, Germany (October 22-29, 2011); follow-up program on August 2012.

  9. Report • 1st National Criminal Justice Summit (December 5-6, 2011) • Nationwide public fora and roadshows throughout 2012 • 1st - Legazpi, Albay (May 25, 2012) • 2nd – Cebu City (July 6, 2012)

  10. THE NEW CRIMINAL CODEBook 1

  11. Codification of Penal Code • 1932 Revised Penal Code, as amended • Importance of Context • Passed during the American occupation • Revision of Spanish Penal Code 1886-1930 • Academic writing • No longer relevant • Changing moral concepts, constitutional provisions, scientific and technical reforms

  12. Codification of Penal Code

  13. Key Features of the New Criminal Code-Book 1 1. Definition of terms 2. Universal jurisdiction instead of territorial 3. Conduct-based approach to criminalization

  14. Key Features 4. Simplified categorization of crimes – no more frustrated stage, accomplices 5. Minimum age of criminal responsibility is 12 years old [with reservations from the Secretary of Justice]

  15. Key Features of the New Criminal Code-Book 1 6. Criminal liability of corporations 7. Consolidated criminal and civil actions 8. Tabular scale of principal, alternative and accessory penalties, restorative justice measures

  16. Key Features of the New Criminal Code-Book 1 9. Rationalized rule on double jeopardy 10. Generic modifying circumstances

  17. Way Forward • Presentation of New Criminal Code-Book 1 to stakeholders • Drafting of Book 2 to commence on 01 July 2012 • Implementation Plan • Submission to the President for certification as priority legislation • Passage into law on or before 2016

  18. Way forward Implementation Plan – Cabinet Cluster • support the implementation strategy of the New Criminal Code • endorse Book 1’s certification as priority legislation for possible passage into law in 2013

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