Penalties; Preventive Imprisonment

1994 Bar Exam Question

1. When is there preventive imprisonment?
2. When is the accused credited with the full time of his preventive imprisonment, and
when is he credited with the 4/5 thereof?

Suggested Answer;

1. There is preventive imprisonment when an offender is detained while the criminal case against him is being heard, either because the crime committed is a capital offense and not bailable, or even if the crime committed was bailable, the offender could not post the required bail for his provisional liberty.

2. An accused is credited with the full time of his preventive imprisonment if he voluntarily agreed in writing to abide by the rules of the institution imposed upon its prisoners, provided that:

a. the penalty imposed on him for the crime committed consists of a deprivation of liberty;
b. he is not disqualified from such credit for being a recidivist, or for having been previously convicted for two or more times of any crime, or for having failed to surrender voluntarily for the execution of the sentence upon being summoned (Art.29, RPC).

Where the accused however did not agree he would only be credited with 4/5 of the time he had undergone preventive imprisonment.