Prescription of Penalty

Summary

The video discusses the concept of 'prescription of penalty,' which refers to the loss of the state's right to enforce a penalty after a certain time has passed. It explains the difference between the prescription of crime (occurs before final judgment) and the prescription of penalty (occurs after final judgment). The speaker outlines the time periods for different penalties and how certain actions, such as evading capture or committing another crime, can interrupt the prescription period. The discussion is intended for educational purposes, emphasizing the legal nuances of prescription in criminal cases.

Takeaways

• 📜 Prescription of penalty refers to the loss or forfeiture of the state's right to execute a penalty after a prescribed period has passed.
• ⚖️ The difference between prescription of crime and prescription of penalty is that in the latter, there is already a final judgment, while in the former, there isn't.
• ⏳ The period of prescription of penalties starts from the date when the culprit evades the service of their sentence, after a final judgment.
• 🚫 The prescription period is interrupted if the defendant gives up, is captured, flees to a country without an extradition treaty, or commits another crime before the prescription period ends.
• 🔒 For homicide, the prescriptive period for penalty is 15 years, unlike the 20-year period for the prescription of crime.
• 🏃‍♂️ If the defendant evades their sentence and remains at large for the full prescription period, the state loses the right to execute the remaining penalty.
• ✋ If the defendant surrenders within the prescription period, the running of the prescriptive period is halted.
• 🌍 If the defendant flees to a country without an extradition treaty, the prescription period does not continue to run.
• 🕒 The prescription period varies depending on the severity of the crime: 20 years for death and reclusion perpetua, 15 years for afflictive penalties (like homicide), 10 years for correctional penalties, 5 years for arresto mayor, and 1 year for light penalties.
• 📚 The script emphasizes the difference in the computation and interruption of the prescriptive period between the prescription of crime and prescription of penalty.

Q & A

What is the definition of the prescription of penalty?

The prescription of penalty is the loss or forfeiture of the state's right to execute the penalty or enforce the sentence on an individual after the prescriptive period has lapsed.

How does the prescription of penalty differ from the prescription of crime?

The prescription of crime refers to the period during which the state can prosecute a crime, while the prescription of penalty deals with the state's ability to enforce a sentence after final judgment. In the case of the prescription of penalty, the defendant has already been sentenced, whereas the prescription of crime happens before the final judgment.

When does the period for the prescription of penalties begin to run?

The period for the prescription of penalties begins to run from the date when the culprit evades the service of their sentence after final judgment.

What are some events that can interrupt the running of the prescription of penalty?

The running of the prescription of penalty can be interrupted if the defendant surrenders, is captured, moves to a foreign country without an extradition treaty, or commits another crime before the expiration of the prescriptive period.

Can the state still execute a penalty if the prescriptive period has already expired?

No, the state can no longer execute the penalty if the prescriptive period has already expired, as the right to enforce the sentence is forfeited.

What happens if a convicted person commits another crime before the expiration of the prescriptive period?

If a convicted person commits another crime before the expiration of the prescriptive period, the prescription is interrupted, and the state retains the right to execute the penalty.

What is the prescriptive period for the penalty of homicide?

The prescriptive period for the penalty of homicide is 15 years, which falls under other afflictive penalties.

What is an extradition treaty, and how does it affect the prescription of penalty?

An extradition treaty is an agreement between countries to hand over individuals accused or convicted of crimes to the country requesting extradition. If a defendant flees to a country without an extradition treaty, the prescription of penalty continues to run, as the state cannot extradite the individual.

What are the different prescriptive periods for various penalties?

The prescriptive periods are: death and reclusion perpetua (20 years), other afflictive penalties including homicide (15 years), correctional penalties (10 years), with the exception of arresto mayor (5 years), and light penalties (1 year).

How is the prescription of penalty counted, and what factors can stop or reset the prescriptive period?

The prescription of penalty is counted from the time the defendant evades service of the sentence after final judgment. The prescriptive period can be interrupted if the defendant surrenders, is captured, or commits another crime, which resets the running of the period.