S.A 2020/21 B.E CRIMINAL LAW | Question #12

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 


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A crime defined in the Revised Penal Code is punishable by arresto menor.

Finding the accused guilty beyond reasonable doubt of the crime, should the judge apply the Indeterminate Sentence Law? Explain briefly. 

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SUGGESTED ANSWER: 


No, the judge should not apply the Indeterminate Sentence Law.

The Indeterminate Sentence Law expressly provides that it shall not apply when the maximum term of imprisonment does not exceed one (1) year. Article 27 of the Revised Penal Code provides the duration of the penalty of arresto menor to be one day to thirty days.

In this case, since the penalty of imprisonment does not exceed one (1) year, the judge should not apply the Indeterminate Sentence Law.


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #12



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