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Reclusión perpetua

Reclusión perpetua (Spanish, from Latin: reclusio perpetua, lit.'permanent imprisonment') is a type of sentence of imprisonment in the Philippines, Argentina, and several other Spanish-speaking countries.

Laws by region

Philippines

In the Philippines, it is one of two severe penalties, the other being life imprisonment, implemented to replace the death penalty and is in legal parlance near-synonymous with life imprisonment.[1] However, there are some important distinctions between the two terms:

  • Unlike life imprisonment, reclusión perpetua carries a maximum sentence of 40 years.[note 1]
  • Reclusión perpetua is prescribed on crimes punishable by the Revised Penal Code, while life imprisonment is imposed on offenses punishable by Special Laws.
  • Reclusión perpetua carries the accessory penalty in which, as defined by Philippine Law, the prisoner is barred for life from holding political office. Life imprisonment does not carry this penalty.

Reclusión perpetua is the penalty handed down to inmates who have been convicted of capital crimes[1] as well as what the Republic Act 7659 designates as "heinous crimes" once punishable by death:[2]

  • Treason
  • Piracy in general and mutiny on the high seas in Philippine waters
  • Qualified piracy
  • Qualified bribery
  • Parricide
  • Murder
  • Infanticide
  • Kidnapping and serious illegal detention
  • Robbery with violence against or intimidation of persons
  • Destructive arson
  • Rape
  • Importation, distribution, manufacturing and possession of illegal drugs

Inmates sentenced to reclusión perpetua are neither eligible for parole nor good conduct time for early release. However, they would be eligible for pardon once they have served a minimum of 30 years.[1][3]

Notes

  1. ^ Despite the sentence being indefinite, 20 to 40 years, the maximum period is to be served full term.

References

  1. ^ a b c "Guidelines for the Proper Use of the Phrase "Without Eligibility for Parole" in Indivisible Penalties" (PDF). sc.judiciary.gov.ph. Supreme Court of the Philippines. August 13, 2015. Retrieved June 14, 2022.
  2. ^ Gavilan, Jodesz (September 3, 2019). "What are heinous crimes?". Rappler. Retrieved June 14, 2022.
  3. ^ Pulta, Benjamin (December 23, 2021). "SC maintains GCTA exclusions, denies murder convict's release". pna.gov.ph. Retrieved October 13, 2022.
  • Aquino, Ramon C. Revised Penal Code, Vol. I


reclusión, perpetua, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, examples, perspective, this, article, represent, worldwide, view, subject, improve, this, article, . This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages The examples and perspective in this article may not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate December 2011 Learn how and when to remove this template message This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Reclusion perpetua news newspapers books scholar JSTOR August 2021 Learn how and when to remove this template message Learn how and when to remove this template message Reclusion perpetua Spanish from Latin reclusio perpetua lit permanent imprisonment is a type of sentence of imprisonment in the Philippines Argentina and several other Spanish speaking countries Contents 1 Laws by region 1 1 Philippines 2 Notes 3 ReferencesLaws by region EditPhilippines Edit In the Philippines it is one of two severe penalties the other being life imprisonment implemented to replace the death penalty and is in legal parlance near synonymous with life imprisonment 1 However there are some important distinctions between the two terms Unlike life imprisonment reclusion perpetua carries a maximum sentence of 40 years note 1 Reclusion perpetua is prescribed on crimes punishable by the Revised Penal Code while life imprisonment is imposed on offenses punishable by Special Laws Reclusion perpetua carries the accessory penalty in which as defined by Philippine Law the prisoner is barred for life from holding political office Life imprisonment does not carry this penalty Reclusion perpetua is the penalty handed down to inmates who have been convicted of capital crimes 1 as well as what the Republic Act 7659 designates as heinous crimes once punishable by death 2 TreasonPiracy in general and mutiny on the high seas in Philippine watersQualified piracyQualified briberyParricideMurderInfanticideKidnapping and serious illegal detentionRobbery with violence against or intimidation of personsDestructive arsonRapeImportation distribution manufacturing and possession of illegal drugs Inmates sentenced to reclusion perpetua are neither eligible for parole nor good conduct time for early release However they would be eligible for pardon once they have served a minimum of 30 years 1 3 Notes Edit Despite the sentence being indefinite 20 to 40 years the maximum period is to be served full term References Edit a b c Guidelines for the Proper Use of the Phrase Without Eligibility for Parole in Indivisible Penalties PDF sc judiciary gov ph Supreme Court of the Philippines August 13 2015 Retrieved June 14 2022 Gavilan Jodesz September 3 2019 What are heinous crimes Rappler Retrieved June 14 2022 Pulta Benjamin December 23 2021 SC maintains GCTA exclusions denies murder convict s release pna gov ph Retrieved October 13 2022 Aquino Ramon C Revised Penal Code Vol I This article about a criminal law topic is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Reclusion perpetua amp oldid 1120696753, wikipedia, wiki, book, books, library,

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