Scribd Logo
Upload

Welcome to Scribd!

  • 784 views

    Rules For Graduating Penalties

    Uploaded by

    Sjaney
    This document outlines the rules for graduating penalties under Article 61 of the Revised Penal Code. It provides 5 rules for determining the next lower penalty when multiple penalties are imposed. Rule 1 addresses 1 penalty, Rule 2 addresses 2 penalties or the maximum of 1 penalty, Rule 3 addresses the medium and minimum of a divisible penalty and the maximum of the next lower degree, Rule 4 addresses 3 or more periods of different penalties, and Rule 5 allows analogies. It also references Article 71 which establishes the graduated scale of penalties from most to least severe.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Rules For Graduating Penalties

    Uploaded by

    Sjaney
    784 views1 page
    This document outlines the rules for graduating penalties under Article 61 of the Revised Penal Code. It provides 5 rules for determining the next lower penalty when multiple penalties are imposed. Rule 1 addresses 1 penalty, Rule 2 addresses 2 penalties or the maximum of 1 penalty, Rule 3 addresses the medium and minimum of a divisible penalty and the maximum of the next lower degree, Rule 4 addresses 3 or more periods of different penalties, and Rule 5 allows analogies. It also references Article 71 which establishes the graduated scale of penalties from most to least severe.

    Original Description:

    crim law

    Original Title

    RULES+FOR+GRADUATING+PENALTIES

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines the rules for graduating penalties under Article 61 of the Revised Penal Code. It provides 5 rules for determining the next lower penalty when multiple penalties are imposed. Rule 1 addresses 1 penalty, Rule 2 addresses 2 penalties or the maximum of 1 penalty, Rule 3 addresses the medium and minimum of a divisible penalty and the maximum of the next lower degree, Rule 4 addresses 3 or more periods of different penalties, and Rule 5 allows analogies. It also references Article 71 which establishes the graduated scale of penalties from most to least severe.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    784 views1 page

    Rules For Graduating Penalties

    Uploaded by

    Sjaney
    This document outlines the rules for graduating penalties under Article 61 of the Revised Penal Code. It provides 5 rules for determining the next lower penalty when multiple penalties are imposed. Rule 1 addresses 1 penalty, Rule 2 addresses 2 penalties or the maximum of 1 penalty, Rule 3 addresses the medium and minimum of a divisible penalty and the maximum of the next lower degree, Rule 4 addresses 3 or more periods of different penalties, and Rule 5 allows analogies. It also references Article 71 which establishes the graduated scale of penalties from most to least severe.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ARTICLE 61 RULES FOR GRADUATING PENATIES

    RULE
    NUMBER OF
    PENALTIES
    DIVISIBLE INDIVISIBLE
    PENALTY NEXT
    LOWER IN DEGREE
    EXAMPLES:
    BASIS

    PENALTY
    1 1 X Based on Art. 71
    Death Reclusin Perpetua
    Reclusin Perpetua Reclusin Temporal
    2
    2 OR X
    Based on Art. 71
    [Reclusin Perpetua]
    TO Death
    Reclusin Temporal
    1/ more X full extent
    1 Reclusin Temporal Prisin Mayor
    2
    Prisin Correccional
    TO Prisin Mayor
    Arresto Mayor
    3
    1/ 2 AND X MED and MIN of
    DIVISIBLE Penalty and
    MAX of next lower
    degree
    Reclusin Temporal- max
    TO Death
    (Murder 248)
    Reclusin Temporal- med and min
    Prisin Mayor- max 1 X max
    4
    3 or more periods of
    different penalties
    X
    Period following the
    min prescribed and the
    2 of the next following
    OR next in Art. 71
    Prisin Mayor- med
    TO Reclusin Temporal- min
    Prisin Mayor- min
    Prisin Correccional- max and med

    5
    By analogy
    Examples:
    --- --- --- --- ---
    - 2 periods of either
    similar OR
    X
    Prisin Correccional- min and med
    (Abduction 343)
    Arresto Mayor- max and med
    different penalties
    Arresto Mayor- max
    TO Prisin Correccional- min
    (Physical Injuries 263-4)
    Arresto Mayor- med and min
    - Penalty has 1
    period
    X
    Period next following
    the given penalty
    Reclusin Temporal- med Reclusin Temporal- min





    xid wisco
    crim1 notes > September 11, 2007

    ARTICLE 71 GRADUATED SCALES

    1. Death
    2. Reclusin Perpetua
    3. Reclusin Temporal
    4. Prisin Mayor
    5. Prisin Correccional
    6. Arresto Mayor
    7. Destierro
    8. Arresto Menor
    9. Public Censure
    10. Fine

    You might also like