Beruflich Dokumente
Kultur Dokumente
ACT 4103
Purpose of Indeterminate
sentence Law
1.)
Non-applicability of
Indeterminate Sentence
Applicability to
Recidivists
While
Why is Indeterminate
Sentence Law Mandatory?
In
Scenario;
2.)
Minimum penalty
determined...
if any);
His previous education, both intellectual and moral
His proclivities and aptitudes for usefulness or injury to society,
His demeanor during trial and his attitude with regard to the crime
committed,
The manner and circumstances in which the crime was committed
The gravity of the offense
3.
4.
Case
# 1: A killed B.
1. Crime: HOMICIDE
Penalty: RECLUSION TEMPORAL
2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
No MC, No AC = RECLUSION TEMPORAL, MEDIUM TERM
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
1. Crime:
HOMICIDE
2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
One MC (Voluntary surrender), No AC = RECLUSION
TEMPORAL, MINIMUM
IS: PRISION MAYOR to RECLUSION TEMPORAL, MINIMUM
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
1. Crime: HOMICIDE
2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
No MC, One AC (recidivism) = RECLUSION TEMPORAL,
MAXIMUM TERM
IS: PRISION MAYOR to RECLUSION TEMPORAL, MAXIMUM
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
1. Crime: HOMICIDE
TEMPORAL
Penalty:
RECLUSION
2. Not applicable!
3. MINIMUM INDETERMINATE SENTENCE
One degree lower = PRISION MAYOR
4. MAXIMUM INDETERMINATE SENTENCE
Two MC, One AC = One MC
Maximum IS = RECLUSION TEMPORAL, MINIMUM
TERM
IS: PRISION MAYOR to RECLUSION TEMPORAL,
MINIMUM
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC
(Complex
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC
1.
2. Not applicable!
3. MINIMUM IP: ARRESTO MAYOR
4. MAXIMUM INDETERMINATE PENALTY
No MC, 2 Acs (Relationship & disregard of the respect due on
account of his age)
Maximum IP = PRISION CORRECCIONAL, MAXIMUM, max range
IP: Arresto Mayor as minimum to prision correccional in its
maximum period as maximum
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
aggression
only
2 degs: unlawful
aggression +
any other 2
remaining
elements
3. MINIMUM =
one degree
lower from
imposed
penalty
4. MAXIMUM =
imposable
penalty, apply
remaining AC
or MC
1.
2.
3.
4.
1. Crime and
penalty
2. Lower
penalty by:
1deg:2+ MC, no
AC
1deg: >15<18
1deg: unlawful
Crime: ESTAFA thru FALSIFICATION (Complex crime)
aggression
only
Penalty: ESTAFA:
PRISION CORRECCIONAL (MinMed(Art.315)
FALSIFICATION: PRISION MAYOR (Art. 2 degs: unlawful
aggression +
171)
any other 2
remaining
Penalty to be considered: PRISION MAYOR (Higher)
elements
3. MINIMUM =
Not applicable!
one degree
lower from
MINIMUM IP: PRISION CORRECCIONAL
imposed
penalty
MAXIMUM INDETERMINATE PENALTY
4. MAXIMUM =
Maximum IP = PRISION MAYOR, MAXIMUM (Art.48), medium
imposable
range
penalty, apply
remaining AC
or MC
For