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9 Cards in this Set
- Front
- Back
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Who are not entitled to the application of the Indeterminate Sentence Law
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Those who are sentenced to
1) RECLUSION PERPETUA, DEATH or LIFE IMPRISONMENT 2) TREASON, CONSPIRACY or PROPOSAL to commit treason 3) MISPRISION of treason REBELLION SEDITION ESPIONAGE 4) PIRACY 5) HABITUAL DELINQUENTS 6) ESCAPED from confinement or those who EVADED sentence 7) Granted CONDITIONAL PARDON and those who VIOLATED the terms of the same 8) MAXIMUM period of imprisonment does NOT exceed ONE year 9) serving FINAL JUDGMENT upon approval of the ISL 10) crimes NOT punishable by IMPRISONMENT (DESTIERRO and SUSPENSION) |
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What is the maximum penalty under the ISL
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That which, in VIEW OF THE ATTENDING CIRCUMSTANCES,
could be properly imposed under the REVISED PENAL CODE (modifying circumstances are considered) |
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What is the minimum penalty under the ISL
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based on the PENALTY prescribed by the code
WITHOUT first considering any MODIFYING circumstance (sound discretion of the court) |
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Are Recidivists entitled to the benefits of ISL
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Yes, even if the crime was committed while on pareole
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Reclusion Perpetua v Life Imprisonment
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RP: Has ACCESSORY penalties
LI: NO accessory RP: RPC and some SPECIAL laws LI: RPC RP: TWENTY years and ONE day to FORTY years (basis for eligibility for pardon) LI: NO fixed duration |
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PAROLE
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Disposition, under which a defendant
AFTER conviction and sentence is subject to the CONDITIONS imposed by the Court and under the supervision of a PAROLE OFFICER |
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Purpose of probation
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Promote the CORRECTION and REHABILITATION of an offender
by providing him with a PERSONAL COMMUNITY BASED treatment Provide an opportunity for his REFORMATION and REINTEGRATION in the community PREVENT the commission of OFFENSES |
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Filing of application for probation
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Filed directly with the Court WHICH SENTENCED THE ACCUSED
within FIFTEEN (15) days from the date of PROMULGATION of the decision Else, waived. |
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Effects of filing of petition for probation
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Execution of sentence is SUSPENDED
Deemed a WAIVER of the right to APPEAL In case an appeal is made, the appeal shall be deemed WITHDRAWN |
