Everything You Need to Know To Become a Criminal Lawyer 2 months ago

The primordial aim of criminal law is the prevention and control of crime so that men may live and feel secure “in the free enjoyment and development of their capacities for happiness.” (A Philosophy of a Penal Code, Alfredo F. Tadiar)


Criminal law, as defined by Reyes (2021),  is a branch of law which defines crimes, treats of their nature, and provides for their punishment. Its primary purpose is to prevent and control crime, enabling individuals to live securely and freely pursue their happiness. The Philippine criminal justice system reflects this as it operates as a comprehensive process where crimes are investigated, suspects are apprehended, prosecuted in court, and, if found guilty, punished. This system also provides for the correction and rehabilitation of offenders, aiming not only to punish but to reintegrate them into society as productive citizens. (Narvasa, A.R., Handbook on the Courts and the Criminal Justice System. Metro-Manila: Supreme Court Press, 1996.)

Crimes are violations of public law, making the State the primary offended party in criminal cases. As such, all criminal prosecutions are directed and controlled by the prosecutor, while the private complainant’s role is mainly that of a witness, with their interest centered on any resulting civil liability. For a conviction to be secured, the prosecution must establish two critical elements: the fact of the crime and the identity of the perpetrator. Both must be proven beyond a reasonable doubt, relying solely on the strength of the prosecution’s evidence (People v. Herminio Vidal, Jr., 2018).

At the same time, the accused is guaranteed the right to counsel under Sec. 14, Art. III of the Philippine Constitution. The defense lawyer plays a vital role in safeguarding the rights of the accused, crafting defenses that may include justifying, mitigating, or exempting circumstances. 

 


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This article outlines the pathway to becoming a criminal lawyer in the Philippines, from educational requirements to career options and essential skills. Whether you aim to be a prosecutor, defense attorney, or legal scholar, mastering criminal law and the justice system is key to making a meaningful impact. The balance between prosecution and defense is crucial, as both sides must rigorously advocate within the law to ensure justice is served.

 

Educational Pathway

The pathway to becoming a criminal lawyer in the Philippines begins like any other lawyer in other fields: aspiring lawyers first earn a bachelor’s degree, followed by attending law school to obtain a Juris Doctor (JD) degree. After graduating, they must pass the Bar Examinations, take the oath, and sign the rolls. Once licensed, they can choose to practice in any legal field, including criminal law.

 

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A Day in the Life

A criminal lawyer’s day is packed with tasks requiring both legal expertise and essential skills. Whether working as a prosecutor or defense counsel, they must master the Revised Penal Code, the Rules of Criminal Procedure, and relevant Special Penal Laws. Additionally, a significant portion of criminal law is procedural, requiring lawyers to continually update themselves on filing rules, which are rapidly evolving with the advent of electronic filing.

All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor (Sec. 5, Rule 110 of the Revised Rules on Criminal Procedure). Prosecutors handle all aspects of criminal cases, such as conducting preliminary investigations and issuing subpoenas, essentially to prove the accused's guilt beyond a reasonable doubt. They must use all available resources to ensure a thorough prosecution. The counsel of the accused, on the other hand, focuses on meeting with the accused and their witnesses, gathering evidence, and preparing their defenses. Their work involves extensive legal research to effectively represent their clients and mitigate criminal liability or defend against charges.

 

 

In court, criminal lawyers must demonstrate outstanding advocacy and communication skills. They need to present arguments clearly, adapt to the complexities of the Philippine legal system, and respond adeptly to opposing arguments. Crafting persuasive narratives and managing courtroom dynamics with confidence is crucial for both sides.

Criminal law also presents significant ethical and emotional challenges. Lawyers must maintain integrity while navigating moral dilemmas and managing the stress of high-stakes cases. Balancing these responsibilities with a commitment to justice and client protection is essential in their role within the criminal justice system.

 

Career Paths

In the Philippines, many criminal lawyers begin their careers in the public sector, serving as public prosecutors with the Department of Justice or as public defenders with the Public Attorney’s Office (PAO). These positions offer valuable courtroom experience and a chance to make a significant impact on the community.

Criminal lawyers in private practice represent clients across a spectrum of criminal cases, from minor infractions to high-profile offenses. Starting at a law firm provides broad exposure to various legal issues and cases, while seasoned lawyers may eventually choose to establish their own practice.

With experience, criminal lawyers can specialize in niche areas such as cybercrime, anti-terrorism, or human rights. Career progression may lead to roles such as legal consultant, law firm partner, or even judicial appointments, where their expertise can influence legal precedents and shape the field of criminal law.

 

Conclusion

Practicing criminal law in the Philippines presents both significant challenges and notable rewards. Navigating a complex and sometimes slow-moving legal system, managing heavy workloads, and dealing with the emotional strain of high-stakes cases are key challenges that criminal lawyers face. Despite these difficulties, a career in criminal law offers profound rewards. The fulfillment of defending the innocent, ensuring fair trials, and contributing to the fight against crime brings a deep sense of satisfaction. Successful criminal lawyers in the Philippines are respected for their crucial role in upholding the rule of law, making a meaningful impact on both their clients and society.


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