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All ▸ Bar 2024 ▸ CRIMINAL LAW ▸ II. REVISED PENAL CODE - BOOK ONE ▸ A. Felonies (Article 3) ▸ 4. Stages of Execution - Article 6 ▸ a. Subjective Phase and Objective Phase

Question

Question:

Subject: Stages of Execution - Article 6
Topic: Subjective Phase and Objective Phase

Discuss the following scenarios based on the stages of execution, particularly on the subjective phase and objective phase:

John was found guilty of theft and sentenced to imprisonment. The court issued a warrant for his arrest. However, the arresting officer fails to apprehend John for several weeks. During this time, John remains at large. Is the subjective phase completed?

After being arrested, John files a motion for reinvestigation, claiming that new evidence has surfaced that could prove his innocence. The court grants the motion and orders a reinvestigation. Is the objective phase completed?

Sarah was convicted of murder and sentenced to death. The court sets the execution date and notifies the appropriate authorities. On the scheduled day, the authorities prepare the lethal injection and read the death warrant to Sarah. However, moments before the execution, Sarah's lawyer arrives with a last-minute appeal to stay the execution. Is the objective phase completed?

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Bar Review Question: Question: Subject: Stages of Execution - Article 6 Topic: Subjective Phase and Objective Phase Di