Practice question
In a case properly governed by Article49(2), the committed felony has the lower penalty than the intended offense. Which penalty does that paragraph use?
- The penalty for the felony actually committed, in its maximum period
- Always the higher intended-offense penalty
- Automatic acquittal
- Only a warning
- Any penalty chosen by the prosecutor
Legal references
- Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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