Art. 94 Flashcards
Under Art. 94 when is criminal liability partial extinguished? (3)
- Conditional pardon
- Commutation of the sentence
- Good conduct allowance which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence
Define conditional pardon
Refers to the exemption of an individual within certain limits or conditions from the punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability
Nature of conditional pardon
If delivered and accepted it is a contract between the sovereign power of the executive and the convict that the former will release the latter upon compliance with the condition
Specific cases where commutation is provided for by the Code (2)
- Convict sentenced to death is over 70 years of age
- 8 justices of SC failed to reach decision for affirmance of death penalty
Can parole partially extinct criminal liability?
Yes
Define parole
Conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence.
Consists in the suspension of the sentence of the convict after serving the minimum term