Computation Of The Prescription Of Penalties
On Criminal Law
Computation of the prescription of penalties. - The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription.
The period of prescription commences to run from the date when the culprit evaded the service of his sentence.
Requisites:
1. Penalty is imposed by final sentence.
2. Convict evaded service of the sentence by escaping during the term of his sentence.
3. Convict has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or committed another crime.
4. Penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence.
Interruption Of The Period: If the convict
1. gives himself up
2. be captured
3. goes to a foreign country with which the Philippines has no extradition treaty
4. commits another crime before the expiration of the period of prescription
5. accepts a conditional pardon
NOTES:
If a government has an extradition treaty with the country to which a convict escaped, but the crime is not included in the treaty, the running of the prescription is still interrupted.
Evasion of sentence starts the running of the prescription. It does not interrupt it. Acceptance of the conditional pardon interrupts the prescription period.
Rolito Go case: Since he was captured, he is only supposed to serve the remainder of his sentence. Reason: During the period he escaped, his existence was one of fear and discomfort.
The period of prescription commences to run from the date when the culprit evaded the service of his sentence.
Requisites:
1. Penalty is imposed by final sentence.
2. Convict evaded service of the sentence by escaping during the term of his sentence.
3. Convict has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or committed another crime.
4. Penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence.
Interruption Of The Period: If the convict
1. gives himself up
2. be captured
3. goes to a foreign country with which the Philippines has no extradition treaty
4. commits another crime before the expiration of the period of prescription
5. accepts a conditional pardon
NOTES:
If a government has an extradition treaty with the country to which a convict escaped, but the crime is not included in the treaty, the running of the prescription is still interrupted.
Evasion of sentence starts the running of the prescription. It does not interrupt it. Acceptance of the conditional pardon interrupts the prescription period.
Rolito Go case: Since he was captured, he is only supposed to serve the remainder of his sentence. Reason: During the period he escaped, his existence was one of fear and discomfort.
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