Mala in Se Vs Mala Prohibita
Mala in Se Vs Mala Prohibita
Mala in Se Vs Mala Prohibita
As a general rule, crimes mala in se concern inherently immoral acts, while acts punished under a
special law are malum prohibitum wherein malice or criminal intent is completely immaterial.
1) As to Nature
Mala in Se: good faith is a valid defense; unless the crime is the result of culpa.
Mala Prohibita: Criminal intent is not required. Only intent to perpetrate the act prohibited by
law will suffice.
Mala Prohibita: The act gives rise to a crime only when it is consummated.
Mala in Se: mitigating and aggravating circumstances are taken into account in imposing the
penalty.
Mala Prohibita: mitigating and aggravating circumstances are generally not taken into account.