Miyerkules, Agosto 5, 2015

12. How is criminal liability is totally and partially extinguished?
Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
    1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.chanrobles virtual law library
    2. By service of the sentence;
    3. By amnesty, which completely extinguishes the penalty and all its effects;
    4. By absolute pardon;
    5. By prescription of the crime;
    6. By prescription of the penalty;
    7. By the marriage of the offended woman, as provided in Article 344 of this Code.chanrobles virtual law library
    Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. — In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:
      1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.chanrobles virtual law library
      2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.chanrobles virtual law library
      3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.chanrobles virtual law library

11. What penalty is to be imposed upon accomplices in an attempted crime?
Art. 56. Penalty to be imposed upon accomplices in an attempted crime.chanrobles virtual law library — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony.chanrobles virtual law library
10. What penalty is to be imposed upon accomplices in a frustrated crime?
Art. 54. Penalty to imposed upon accomplices in a frustrated   crime.chanrobles virtual law library — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.chanrobles virtual law library
9. What penalty is to be imposed upon accomplices in consummated crime?
Art. 52. Penalty to be imposed upon accomplices in consummated crime.chanrobles virtual law library — The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony.chanrobles virtual law librar 
8. What penalty is to be imposed upon principals of attempted crime?
Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.chanrobles virtual law library
7. What penalty is to be imposed upon the principal of frustrated crime?
Art. 50. Penalty to be imposed upon principals of a frustrated   crime.chanrobles virtual law library— The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.chanrobles virtual law library
6. What is the penalty imposed upon the principal when the crime committed is different from what intended?
Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases:
    1. When the guilty person be more than seventy years of age.chanrobles virtual law library
    2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required.chanrobles virtual law library