Article 2 Apllication Of Its Provisions

Question 0

Such crimes are NOT TRIABLE in the courts of that country, unless their comission affects the peace and security of the territory or the safety of the state is endangered.

Answer 0

French rule

Question 1

2 rules as to jurisdiction over crimes committed aboard foreign merchant vessels:

Answer 1

1. Frech rule

2. English rule

Question 2

Such crimes are TRIABLE in that country, unless they merely affect things within the vessel or they refer to the internal management thereof.

Answer 2

English rule

Question 3

3rules of penal laws that applies prospectively :

Answer 3

1. It applies to present &future, not retoactively.
2. If favorable to the accused, it will be given retroactive application.
3. Although favorable to the accused, it will not be given retroactive application to habitual delinquent (guilty of an offense). If the law so provides, it won’t be given retroactive effect.

Question 4

2 theories of RPC:

Answer 4

1. Classical t.

2. Positivist t.

Question 5

Theory that focuses to penalize; retribution (revenge, repayment in kind, eng.dic)

Answer 5

Classical theory

Question 6

Theory that says man is subdued morbid phenomenon; how to reform the offender.

Focuses to rehabilitate; how to help the offender go back to society, e.g drug pusher.

Answer 6

POSITIVIST theory