Art 7 T0 10 - Article 7 to 10 of criminal Law PDF

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Article 7 to 10 of criminal Law...

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Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.

What are light felonies? Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (Art. 9, par. 3) The light felonies punished by the Revised Penal Code: 1. Slight physical injuries. (Art. 266) 2. Theft. (Art. 309, pars. 7 and 8) 3. Alteration of boundary marks. (Art. 313) 4. Malicious mischief. (Art. 328, par. 3; Art. 329, par. 3) 5. Intriguing against honor. (Art. 364) The penalty for the above-mentioned crimes is arresto menor (imprisonment from one day to thirty days), or a fine not exceeding P200. IMPORTANT WORDS AND PHRASES. 1. "With the exception of those committed against persons or property." General Rule: Light felonies are punishable only when they have been consummated. Exception: Light felonies committed against persons or property, are punishable even {{attempted or frustrated.

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

Art. 9. Grave felonies, less grave felonies, and light felonies. —

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article. Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. 40K PESOS AS AMENDED BY RA 10951 AUG 29, 2017

IMPORTANT WORDS AND PHRASES. 1. "To which the law attaches the capital punishment." Capital punishment is death penalty. 2. "Or penalties which in any of their periods are afflictive." Although the word "any" is used in the phrase, when the penalty prescribed for the offense is composed of two or more distinct penalties, the higher or highest of the penalties must be an afflictive penalty. Example: A felony punishable by prision correccional to prision mayor is a grave felony, because the higher of the two penalties prescribed, which is prision mayor (Art. 71), is an afflictive penalty. If the penalty prescribed is composed of two or more periods corresponding to different divisible penalties, the higher or maximum period must be that of an afflictive penalty. Example: A felony punishable by prision correccional in its maximum period to prision mayor in its minimum period is a grave felony, because the higher period, which is the minimum of prision mayor, is a period of an afflictive penalty. If the penalty is composed of two periods of an afflictive penalty or of two periods corresponding to different afflictive penalties, the offense for which it is prescribed is a grave felony. Example: A felony punishable by the medium and maximum periods of prision mayor or by prision mayor in its maximum period to reclusion temporal in its minimum period is a grave felony, because both prision mayor and reclusion temporal are afflictive penalties. The afflictive penalties in accordance with Art. 25 of this Code are: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor.

Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary....