Practice question
Does pro reo permit a court to disregard a clear applicable offense and select a different offense solely because it has a lighter penalty?
- No; lenity does not authorize ignoring the clear applicable provision
- Yes, every accused may choose the offense
- Yes, clarity makes the law optional
- Yes, conviction always uses the least penalty anywhere in the Code
- Yes, regardless of the charged and proved elements
Legal references
- Spouses Dulay v.People, GR215132, September13,2021: https://lawphil.net/judjuris/juri2021/sep2021/gr_215132_2021.html
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