Application Of Article 50 To 57


Art.50 - 57

Art. 50: Penalty to be imposed upon principals of a frustrated crime
Art. 51: Penalty to be imposed upon principals of attempted crimes
Art. 52: Penalty to be imposed upon accomplices in consummated crime
Art. 53: Penalty to be imposed upon accessories to the commission of a
             consummated felony
Art. 54: Penalty to imposed upon accomplices in a frustrated crime
Art. 55: Penalty to be imposed upon accessories of a frustrated crime
Art. 56: Penalty to be imposed upon accomplices in an attempted crime
Art. 57: Penalty to be imposed upon accessories of an attempted crime


application of article 50 to 57
Art.50 - 57














NOTES:

Art. 50-57 are not applicable when the law specifically prescribes 
the penalty for the frustrated and attempted felony or that to be
imposed upon the accomplices and accessories. (examples: qualified 
seduction, flight to enemy country, kidnapping)

Degree – one whole penalty, one entire penalty or one unit of the 
penalties enumerated in the graduated scales provided for in Art. 71

Period – one of 3 equal portions, min/med/max of a divisible penalty. 
A period of a divisible penalty when prescribed by the Code  as a
penalty for a felony, is in itself a degree.

Distinction Between a Degree and a Period
1. Degree - Refers to the penalty imposable for a felony  committed 
   considering the stages of execution and the degree of  participation 
   of the offender.

   Period - Refers to the duration of the penalty consisting of the
   maximum, medium, and minimum, after considering the presence or 
   absence of aggravating circumstances.

2. Degree - May refer to both divisible and indivisible penalties.

   Period - Refers only divisible penalties.

NOTE: The rules provided in Arts. 53, 55 and 57 do not apply if the 
felony is light because accessories are not liable for the same.






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