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• CLASSIFICATION OF PENALTY

  Capital Punishment

  • Death Penalty

  Afflictive Penalty:

  • Reclusion Perpetua –20 and 1 day to 40 yrs imprisonment

  • Life imprisonment

  • Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment

  • Prison Mayor – 6yrs and 1 day to 12 years
• Correctional Penalty:

  1. Prison Correctional – 6 months and 1 day to 6 years

  2. Arresto Mayor – 1 month and 1 day to 6 months

  
  

  Light Penalty

  1. Arresto Menor – 1 day to 30 days
• accessory penalties

  
• fines

  
• Indivisible Penalty - have no minimum or maximum periods.

  • those which do not have fixed duration, like death, reclusion perpetua, perpetual absolute or special disqualification, public censure.

  Divisible Penalty - Penalties that have a fixed duration and can be divided into three periods: maximum, medium, and minimum
• According to Subject Matter

  1. Corporal (death) 2.
  2. Deprivation of Freedom (Reclusion, Prision & Arresto)
  3. Restriction of Freedom (Destierro)
  4. Deprivation or Rights (Disqualification and Suspension)
  5. Pecuniary (Fine)
• According to Gravity 1. Capital 2. Afflictive 3. Light
• Major Classification:

  1. Principal Penalties - Those expressly imposed by the court in the judgment of conviction.
  2. Accessory Penalties - Those that are deemed included in the imposition of the principal penalties
  3. Subsidiary Penalties - Those imposed in lieu of principal penalty i.e. imprisonment in case of inability to pay fine
• THEORIES OF PUNISHMENT - retributive theory, deterrent theory, preventive theory, incapacitation theory, compensatory theory, reformative theory, and utilitarian theory
• Retributive Theory of Punishment

  • that those who commit certain kinds of wrongful acts, paradigmatically serious crimes, morally deserve to suffer a proportionate punishment;

  • that it is intrinsically morally good—good without reference to any other goods that might arise—if some legitimate punisher gives them the punishment they deserve; and

  • that it is morally impermissible intentionally to punish the innocent or to inflict disproportionately large punishments on wrongdoers.
• Deterrent Theory of Punishment

  • the term “DETER” means to abstain from doing any wrongful act.

  • The main aim of this theory is to “deter” (to prevent) the criminals from attempting any crime or repeating the same crime in future

  • deterring crime by creating a fear is the objective

  • to set or establish an example for the individuals or the whole society by punishing the criminal.
• Preventive Theory of Punishment

  • By creating the fear of punishment.

  • By disabling the criminal permanently or temporarily from committing any other crime.

  • By way of reformation or making them a law abiding citizen of the society
• Incapacitation Theory of punishment

  • Incapacitation refers to the restriction of an individual’s freedoms and liberties that they would normally have in society

  • Incapacitation happens either by removing the person from the society, either temporarily, or permanently, or by some other method, which restricts him due to physical inability
• Compensatory Theory of Punishment

  • A criminal who had inflicted an injury against the person (or group of persons), or the property must compensate for the loss he caused to the victim, and

  • The State that has failed to provide safety towards its citizens, must provide compensation for the loss caused.
• Reformative Theory of Punishment

  • It depends on the humanistic rule that regardless of whether a wrongdoer perpetrates a wrongdoing, he doesn’t stop to be a person
• Utilitarian Theory of Punishment

  • It suggests that laws should be designed to maximize overall societal happiness.

  • This theory is consequentialist, meaning it considers the consequences of punishment for both the offender and society, and aims to ensure that the total benefit of punishment outweighs the total harm. In other words, punishment should not be excessive.