Course Hero Logo

Must destierro be applied only when it is

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 759 - 761 out of 941 pages.

Mustdestierrobe applied only when it isspecificallyimposedby law?No.Destierromay be imposed when it is the penalty next lowerand the circumstances require the imposition of a penalty one degreelower.The penalty two degrees lower from arresto mayor in its mediumand maximum periodsis destierroinitsminimum andmedium pe-riods.Arts. 25, 70 and71,compared:Under Art. 25, penalties are classified into (1)principaland(2)accessorypenalties. The principal penalties are subdivided intocapital,afflictive,correctional,andlight.Art. 70 classifies the penalties, for the purpose of the successiveservice of sentences, according to theirseverity.ArrestomayorDestierroTwo degrees lower.One degree lower.Penalty prescribed by law.759
Art. 72PREFERENCE IN THE PAYMENT OFTHE CIVIL LIABILITIESArt. 71 provides for the scales which should be observed ingraduating the penalties by degrees in accordance with Art.61.Notethat in Art.71,destierrois placed abovearresto menor.The reasonfor this is thatdestierro,being classified as a correctional penalty, ishigher thanarresto menor,a light penalty. Art.71,par. 2, speaks of"loweror higher" penalty. Art. 70 speaks of "severity."Under Art. 70,destierrois placed underarresto menor,accord-ing to their respective severity.Destierrois considered lighter thanarresto menor.Under Art. 25,destierrois placed abovearresto menor,because it is classified as a correctional penalty.In Art.71,the different principal penalties provided for in Art.25 are classified and grouped into two graduated scales. Under ScaleNo. 1, all personal penalties, such as deprivation of life and liberty,are grouped together. Under Scale No. 2 are grouped all penaltiesconsisting in deprivation of political rights.Art. 72.Preference in the payment of the civil liabilities.Thecivil liabilities of a p e r s o n found guilty of t w o or m o r e offensesshall be satisfied by f o l l o w i n g t h e c h r o n o l o g i c a l o r d e r of t h edates of t h e final j u d g m e n t s r e n d e r e d a g a i n s t h i m , b e g i n n i n gw i t h the first in o r d e r of time.The person guilty of two or more offenses has two or morecivil liabilities.This article applies when the offender who is found guilty of twoor more offenses is required to pay the corresponding civil liabilitiesresulting from different offenses.The order of payment of civil liabilities is based on dates offinal judgments.The order of payment of civil liabilities is not based on the datesof the commission of the offense.While criminal liability is satisfied by successive service of sentencesin the order of respective severity (Art. 70), civil liability is satisfied byfollowing the chronological order of the dates of the final judgments.760

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 941 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
N/A
Tags

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture