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Case Problem: Probation Law

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1 Case Problem: Probation Law on Thu Sep 22, 2011 11:37 pm


Arresto Menor
Here's the situation given to us by our professor in Criminal law.

B is liable for the issuance of 10 checks that bounced. Each check corresponds 1 year of imprisonment. Therefore, the penalty for B is 10 years.

Probation Law can only be availed by those who are sentenced for imprisonment of less than 6 years.

My professor said that B can avail of the Probation Law, but he asks WHY?

Any inputs on this?

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2 Re: Case Problem: Probation Law on Tue Oct 11, 2011 12:17 pm


Arresto Menor
Sound judicial discretion will dictate not to let this offender avail the privilege of the Probation law because of his perversity and his tendency to commit again the crime of BP22. It is not ministerial on the part of the judge to grant probation on a convicted felon with prison sentence below six years--it is discretionary upon the judge whether or not he will grant it.

no case law yet on the matter.JMHO

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