Article 28

Question 1

What is Article 28 of the RPC?

Answer 1

Computation of penalties. - If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.

If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.

Question 1

What are the rules for the computation of penalties?

Answer 1

1. When the offender is in prison - the duration of temporary penalties is from the day on which the judgement of conviction becomes final.
2. When the offender is not in prison - the duration of penalty consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty.
3. The duration of other penalties - the duration is from the day on which the offender commences to serve his sentence

Question 2

What happens when the accused, while in custody, appeals his service sentence.

Answer 2

His service sentence should commence from the date of the promulgation of the decision of the appellate court.

Question 3

How does the service of sentence begin of one in prision?

Answer 3

The service of a sentence of one in prison begins only on the day of the judgement.

Question 4

Computation of duration

Answer 4

1 year = 365 days
1 month = 30 days
And in computing a period, the first day shall be excluded and the last day included

Question 5

Examples of temporary penalties

Answer 5

1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension

Question 6

Rules in cases of temporary penalties

Answer 6

If an offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies.

If not under detention, because the offender has been released on bail, Rule No. 3 applies.

Question 7

Examples of penalties consisting of deprivation of liberty

Answer 7

1. Imprisonment
2. Destierro

Question 8

Rules in cases of penalties consisting of deprivation of liberty

Answer 8

When the offender is not in prison, Rule No. 2 applies.

If the offender is undergoing preventive imprisonment, the computation of the penalty is not from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. Rule No. 3 applies, that is, the duration of the penalty shall be computed from the day on which the defendant commences to serve his sentence.

But the offender is entitled to a deduction of full time or four-fifths of the time of his detention

Question 9

What is the Reason for Rule No. 1?

Answer 9

The duration of temporary penalties shall be computed only from the day the judgement of conviction becomes final, and not from the day of his detention, because under Article 24 the arrest and temporary detention of the accused is not considered a penalty.