What is the penalty of RA 9165 in the Philippines?
9165, the maximum penalty is life imprisonment and a fine of P500,000 to P10 million. It is imposed on serious offenses, including possession, importation, manufacture, and distribution. The lightest penalty is a prison term of one year and one day to six years, plus a fine of P10,000 to P50,000.
What is the section 5 of 9165?
SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
What is the main distinction of RA 6425 and RA 9165?
RA 9165 repealed RA 6425 or the Dangerous Drugs Act of 1972. The law mandates the Dangerous Drugs Board to be the policy- and strategy-making body that plans and formulates programs on drug prevention and control.
Is RA 9165 bailable violation?
For violation of Sec. RA 9165, No bail is recommended. Hence, no motion for reduction can be entertained. Respondent likewise declared that an administrative complaint is not the appropriate remedy for every irregular or erroneous order or decision issued by a judge.
Is plea bargaining allowed in RA 9165?
27, which prohibits plea bargaining for illegal sale of dangerous drugs to the lesser offense of illegal possession of drug paraphernalia under Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, and the SC’s Resolution in A.M. No. 18-03-16-SC adopting the Plea Bargaining Framework in Drugs Cases.
What is the penalty and fine for Section 12 of RA 9165?
– The penalty of life imprisonment [to death] and a fine ranging from Five hundred thousand pesos (P500, 000.00) to Ten million pesos shall be imposed upon any person, who, unless authorized by law, shall import or bring into OR EXPORT FROM the Philippines any dangerous drugs, regardless of the quantity and purity …
Is R.A. 9165 bailable violation?
Is plea bargaining allowed in R.A. 9165?
What is plea bargaining in RA 9165?
Are drugs cases non bailable?
Whether all offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 are non-bailable, irrespective of the punishment prescribed and irrespective of the fact that many offences do not even mandate imprisonment as a punishment? Case Title: Karishma Prakash Vs. Union of India & Ors.
Does RA 9165 bailable?
For violation of Sec. RA 9165, No bail is recommended. Hence, no motion for reduction can be entertained.
Is RA 9165 qualified for probation?
However, if accused applies for probation in offenses punishable under RA No. 9165, other than for Illegal Drug Trafficking or pushing under Section 5 in relation to Sec. 24 thereof, then the law on probation shall apply.
What are the three types of plea bargaining?
According to FindLaw, the 3 types of plea bargains are charge bargaining, sentence bargaining and fact bargaining.
Can bail be granted in drug case?
Granting bail to a woman booked in a drugs seizure case by Special Task Force, Mohali in 2019, the high court bench of justice JS Bedi held that on account of delay in the conclusion of trial, the rigors of Section 37 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act can be relaxed to an extent.
Is consumption of drugs bailable?
The Narcotic Drugs and Psychotropic Substances Act, 1985 provides deterrent punishments for drug trafficking offences. Even though the major offences are non-bailable by virtue of the level of punishments, on technical grounds, drug offenders were being released on bail.
How do you write a plea deal?
Be very clear about how you are pleading. If you are pleading not guilty by reason of insanity, be sure to include those words. Describe any extenuating factors that might persuade the judge. If this is a first-time offense and you have no other charges on your record, indicate this within the letter.
On what basis bail is granted?
Factors to be considered while granting bail: It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge;(iii) severity of the punishment in the …
What is the punishment for drug case?
where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and shall also be liable to fine which shall not be less than ₹1 lakh but which may extend to ₹2 lakh.
What are the 5 types of pleas?
As always, this blog is intended for informational purposes only and is not intended as a substitute for the advice and counsel of a criminal defense attorney.
- Guilty Plea.
- No contest or “nolo contendere”
- Alford Plea.
- Not guilty.
How do I negotiate a better plea deal?
Consider a plea deal offered by the prosecution.
- Be realistic. If your case is weak, don’t expect a dismissal or a great plea deal.
- Be flexible. If the prosecutor offers a plea deal that isn’t as good as you had hoped for.
- Don’t give in too quickly. Plea bargaining is a negotiation.
- Propose alternatives.
What happens if bail is not granted?
If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.
On what grounds bail can be rejected?
Crimes like Sedition, rape, dowry death, abetment to suicide, attempt to murder, etc. come under non-bailable\ offenses. A person who is in prison can seek bail under Sections 437 and 439 of the CrPC.
What is the punishment for Section 27?
Punishment for using arms, etc. –(1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
What is Section 27 A?
Section 27A in The Narcotic Drugs and Psychotropic Substances Act, 1985. 1[27A. Punishment for financing illicit traffic and harbouring offenders.—Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses.
Does pleading guilty reduce your sentence?
Discount For A Plea of Guilty
Consequently an offender who pleads guilty to a charge is afforded a discount on the sentence which would otherwise have been imposed following a finding of guilt after a trial.