AMNESTY Flashcards
A general pardon extended to a group of persons, such as political offenders purposely to bring about the return of dissidents to their home and sto restore peace and order in the community.
Amnesty
It is generally exercised by the Chief Executive with the concurrence of the congress.
Amnesty
It is an act of sovereign power granting oblivion or general pardon for past offense and rarely, if ever exercise in favor of single individual is usually exerted in behalf of certain classes of person who subjected to trial but not have been convicted.
Amnesty
can be availed of before during and after the trial of the case, even after conviction.
Amnesty
Greek word of amnesty?
Amnestia
includes any crime and is exercised individually by the Chief Executive,
Pardon
is blanket pardon granted to a group of prisoners, generally political prisoners
Amnesty
is exercised when the person is already convicted,
Pardon
maybe given before trial or investigation is done.
Amnesty
is granted by the Chief Executive and such as private act, which must plead and proved by the person pardoned because the court takes no choice thereof.
Pardon
is by proclamation with concurrence of congress, and it is a public act, which the court should take judicial notice
Amnesty
is an act of forgiveness, i.e. it relieves the offender from the consequences of the offense
Pardon
is an act of forgetfulness. i.e. it puts into oblivion the offense of which one is charged so that the person as if he had never committed the offense.
Amnesty
is granted for infractions of the peace of the State
Pardon
crimes against sovereignty of the state (ex. political offense)
Amnesty
Granting Amnesty to rebels, insurgents, and all other persons who have or may have committed crimes committed in furtherance of political ends, and violations of the articles of war, and creating a national amnesty commission.
Proclamation No.347
is hereby granted to all persons who shall apply therefor and who have or may have committed crimes, on or before thirty (30) days following the publication of this Proclamation in two (2) newspaper of general circulation, in pursuit of political beliefs, whether punishable under the Revised Penal Code or special laws
Amnesty
under this Proclamation 347 shall extinguish any criminal liability for acts committed in pursuit of a political belief, without prejudice to the grantee’s civil liability for injuries of damages caused to private persons. sons.
Amnesty
Under this proclamation the grant of amnesty shall also effect the restoration of civil or political rights suspended or lost by virtue of criminal conviction.
Proclamation no. 347
Application for amnesty may surrender their firearms within how many days?
60 days
Virtue of proclamation number 347 that created the _______
National amnesty commission
hereinafter referred to as the Commission, which shall be primarily tasked with receiving and processing applications for amnesty, and determining whether the applicants are entitled to amnesty under this Proclamation. Final decisions or determinations of the Commission shall be appealable to the Court of Appeals.
National Amnesty Commission
Who may apply amnesty?
All person that have committed the crimes enumerated in section 1
Applications for the grant of amnesty shall be filed under oath with the Commission within ________ from the effectivity of this Proclamation.
six (6) months
in criminal law, the temporary suspension of a sentence, such as a stay of execution, granted a person convicted of a capital crime.
Reprieve
is usually granted by the sovereign or chief executive and also, in the United States, by the governor of a state. In some cases it may be granted by the court that tried the offender.
Reprieve
It is a postponement of sentence or temporary stay of the execution of sentence especially the execution of the death sentence.
Reprieve
is extended to prisoners sentenced to death.
Reprieve
The date of execution of sentenced is set back several days to enable the Chief to study the petition of the condemned man for commutation of sentenced o pardon.
Reprieve
is given to suspend the execution of a sentence in order to give the prisoner time to find ways to have it reduced. With respect to capital cases, a reprieve is given to suspend the execution of the death penalty for a period of time to consider whether or on it should be imposed.
Reprieve
When may a Death Sentence he Suspended?
- Women, while pregnant and within 1 year after delivery;
- Person over 70 years of age,
- In cases, wherein a convicted prisoner became insane before the actual date of execution.
is generally to allow an investigation into the legality of the conviction or into alleged newly discovered evidence in favor of the convicted person.
purpose of the REPRIEVE
delays an execution but, unlike a pardon or a commuted sentence, does not negate a sentence unless the reinvestigation shows that the prisoner has been unjustly tried or sentenced.
Reprieve