Other Cases Of Evasion Of Service Of Sentence
On Criminal Law
ART.159.
Other Cases of Evason of Service of Sentence
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the chief executive; and
3. That he violated any of the conditions of such pardon.
TWO PENALTIES:
1. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years.
2. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years.
NOTES:
Offender must have been found guilty of the subsequent offense (through w/c he violated his conditional pardon) before he can be prosecuted under this Article. But under the Revised Admin. Code, no conviction is necessary. President has the power to arrest and reincarcerate offenders without trial.
When the penalty remitted is destierro, under no circumstance may the penalty for the violation of conditional pardon be destierro.
Violation of conditional pardon is a distinct crime.
In violation of conditional pardon, as a rule, the violation will amount to this crime only if the condition is violated during the remaining period of the sentence.
If the condition of the pardon is violated when the remaining unserved portion of the sentence has already lapsed, there will be no more criminal liability for the violation.
However, the convict may be required to serve the unserved portion of the sentence, that is, continue serving the original penalty.
Other Cases of Evason of Service of Sentence
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the chief executive; and
3. That he violated any of the conditions of such pardon.
TWO PENALTIES:
1. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years.
2. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years.
NOTES:
Offender must have been found guilty of the subsequent offense (through w/c he violated his conditional pardon) before he can be prosecuted under this Article. But under the Revised Admin. Code, no conviction is necessary. President has the power to arrest and reincarcerate offenders without trial.
When the penalty remitted is destierro, under no circumstance may the penalty for the violation of conditional pardon be destierro.
Violation of conditional pardon is a distinct crime.
In violation of conditional pardon, as a rule, the violation will amount to this crime only if the condition is violated during the remaining period of the sentence.
If the condition of the pardon is violated when the remaining unserved portion of the sentence has already lapsed, there will be no more criminal liability for the violation.
However, the convict may be required to serve the unserved portion of the sentence, that is, continue serving the original penalty.
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