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All Jurisprudence based

0 tracked cards Criminal Law

Facts: A private individual abducts a company intern from the campus and holds the intern for ransom for 30 hours. During captivity he threatens the intern with a firearm and the intern sustains minor injuries. He is charged with kidnapping for ransom under the Revised Penal Code. (a) Classify the offense by gravity (grave felony, less grave felony, or light felony) and name the controlling rule. (b) Distinguish gravity classification from mitigating or aggravating circumstances. (c) Apply the rule to the facts to determine the offense’s gravity category and the consequences for penalties and related legal implications.

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Light felony; gravity is based on arresto mayor or lesser penalties, which kidnapping for ransom does not fall under. Grave felony; the controlling rule is Article 6 of the Revised Penal Code, which classifies felonies by gravity based on the maximum penalty prescribed; kidnapping for ransom is punishable by life imprisonment or death, thus grave. Grave felony; gravity is determined by the offense’s descriptive label in the Penal Code, not by its penalty, which would be incorrect for kidnapping for ransom. Less grave felony; gravity is determined by the minimum penalty stated in the statute, so kidnapping for ransom with a high minimum term would still be less grave.

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