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Chapter Three Duration and Effect of Penalties Section 1: Duration of Penalties Article 27
Chapter Three Duration and Effect of Penalties Section 1: Duration of Penalties Article 27
Can courts order the confiscation of - No, the court cannot. In the case
property belonging to a third person if of US v. Hart the Supreme Court
there is sufficient ground to hold him stated that because the
guilty? confiscation of the money is an
additional penalty and as the
- In People v. Delgado the sentence has become final, the
Supreme Court ruled that the court cannot modify, alter or
court cannot order forfeiture of change that sentence.
goods even if there is sufficient
EXCEPTION: When the accused has Graduation of penalties:
appealed, confiscation and forfeiture not
ordered by the trial court, may be By degrees:
imposed by the appellate court.
(Stages of execution)
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- Consummated
CHAPTER 4
- Frustrated
APPLICATION OF PENALTIES - Attempted