Degree in Relation To Penalty: Degree-One Entire Penalty, One Whole Penalty, or
The document discusses Philippine legal articles related to determining penalties for crimes and their accessories based on degree. It defines "degree" as referring to the entire penalty, whole penalty, or unit of penalties outlined in Article 71. It describes how penalties are reduced by one or two degrees for accessories or accomplices to frustrated, attempted, or impossible crimes based on the prescribed penalty for the principal crime. Accessories who are public officers acting with abuse of their function may receive an additional penalty of absolute perpetual or temporary disqualification depending on the gravity of the principal offender's crime.
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Degree in Relation To Penalty: Degree-One Entire Penalty, One Whole Penalty, or
The document discusses Philippine legal articles related to determining penalties for crimes and their accessories based on degree. It defines "degree" as referring to the entire penalty, whole penalty, or unit of penalties outlined in Article 71. It describes how penalties are reduced by one or two degrees for accessories or accomplices to frustrated, attempted, or impossible crimes based on the prescribed penalty for the principal crime. Accessories who are public officers acting with abuse of their function may receive an additional penalty of absolute perpetual or temporary disqualification depending on the gravity of the principal offender's crime.
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Degree in Relation to Penalty
Degree- one entire penalty, one whole penalty, or
one unit of the penalties enumerated in the scales in Article 71.
Period of Penalty- one of the three equal portions ,
called minimum, medium, and maximum of a divisible penalty Article 55. Penalty to be imposed upon accessories of a frustrated crime.-- The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony.
Basis of the Reduction: Penalty for the frustrated felony
Article 56. Penalty to be imposed upon accomplices in an attempted crime.-- The penalty next lower in degree than that prescribed by law for an attempt to commit felony shall be imposed upon the accomplices in an attempt to commit the felony.
Basic Penalty to be Used for Reduction by one or two
degrees: that for the attempted felony
Basis Used: already prescribed
Article 57. Penalty to be imposed upon accessories of an attempted crime.-- The penalty lower by two degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the attempt to commit a felony.
Basic Penalty to be Used for Reduction by one or
two degrees: that for the attempted felony
Basis Used: already prescribed
Article 58. Additional penalty to be imposed upon certain accessories. – Those accessories falling within the terms of paragraph 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.
Applicable only to public officers
Article 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible.-- When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender shall impose upon him the penalty of arresto mayor or a fine ranging from 200 to 500 pesos.