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Other Cases Of Evasion Of Service Of Sentence

ART.159.

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 offender 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 maybe required to serve the unserved portion of the
sentence, that is, continue serving original penalty.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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