Article 159-Other Cases of Evasion of Service of Sentence

Question 1

What is a conditional partdon?

Answer 1

It is a contract between the Chief Executive who grants the pardon and the convict who accepts it. The pardoned convict is bound to fulfill its conditions and accepts all its consequences according to its terms.

Question 2

What are the elements of violation of conditional pardon?

Answer 2

1. That the offender was a convict
2. That he was granted a conditional pardon by the CE
3. That he violated any of the conditions of such pardon

Question 3

What are the 2 penalties provided in this article?

Answer 3

1. Prision correccional–if the penalty remitted does not exceed 6 years
2. The unexpired portion of his original sentence–if the penalty remitted is higher than 6 years

Question 4

What does the term “remitted penalty” mean?

Answer 4

It means the remaining time that a convict should have served had the CP not been granted. It is the time remitted or cancelled out by the CP.