Prescription of Penalties; Criminal Law Discussion

Summary

This video explores the concept of 'prescription of penalties' in legal terms, detailing how penalties can be reduced or eliminated over time. It explains that prescription applies to those convicted by final judgment who have escaped or evaded serving their sentence. The video outlines the prescriptive periods for different penalties: 20 years for death penalty, 15 years for afflictive, 10 years for correctional (except arrest), and 1 year for light penalties. It also discusses when the prescription period begins and is interrupted, emphasizing the importance of understanding these legal nuances.

Takeaways

• 📜 Prescription of penalties is a legal concept where the government's right to execute a sentence may be lost after a certain period.
• ⏳ The prescription period starts after the lapse of time from the date of final judgment and is based on the type of penalty imposed.
• 🚫 It applies only to those convicted by final judgment and who are serving a sentence involving deprivation of liberty.
• 💨 The convict must have evaded service of the sentence by escaping during the term of the sentence for prescription to apply.
• 🌍 If the convict escapes to a foreign country without an extradition treaty, the prescription period may be interrupted.
• 🔄 The prescription period can be interrupted if the convict surrenders, is captured, or commits another crime before the period expires.
• 🗓️ The prescriptive periods are: 20 years for death penalty, 15 years for afflictive penalties, 10 years for correctional penalties (except for arresto mayor), and 1 year for light penalties.
• 🚫 Prescription does not begin if the convict escapes before serving the sentence.
• 📚 The concept of prescription of penalties is distinct from prescription of crimes, especially regarding extradition treaties.
• 👮‍♂️ For imprisonment penalties, prescription begins to run only when the convict escapes during the term of imprisonment.
• 🎥 The video encourages viewers to engage with the content by sharing, liking, and subscribing.

Q & A

What is the prescription of penalties?

The prescription of penalties refers to the loss or forfeiture of the government's right to execute a final sentence after a certain period has lapsed.

When does the prescription of penalties begin?

The prescription of penalties begins when the convict evades service of their sentence by escaping during the term of the sentence.

Does prescription of penalties apply if a convict escapes before serving their sentence?

No, if the convict escapes before serving their sentence, the period of prescription does not begin to run.

What is the prescriptive period for death or reclusion perpetua?

The prescriptive period for death or reclusion perpetua is 20 years.

What is the prescriptive period for afflictive penalties?

The prescriptive period for afflictive penalties is 15 years.

What happens to the prescriptive period if a convict is captured?

If the convict is captured, the prescriptive period is interrupted, and the government can proceed with executing the sentence.

How long is the prescriptive period for correctional penalties?

The prescriptive period for correctional penalties is 10 years, except for arresto menor, where the period is 5 years.

What is the prescriptive period for light penalties?

The prescriptive period for light penalties is one year.

Can the prescriptive period be interrupted if the convict flees to a foreign country?

Yes, the prescriptive period is interrupted if the convict flees to a foreign country with which the Philippines does not have an extradition treaty.

What is the difference between the prescription of crimes and the prescription of penalties regarding extradition treaties?

In the prescription of crimes, the prescriptive period is interrupted regardless of whether the Philippines has an extradition treaty with the country. However, in the prescription of penalties, the period is only interrupted if there is no extradition treaty.