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Question

A. Felonies (Article 3), particularly on the topic of 5. Duty of the Courts in Case of Non-Punishable Act and Excessive Penalty - Article 5

Scenario:

John, a young artist, was accused of stealing a valuable painting from an art gallery. During the trial, it was revealed that John was actually framed by another artist who was envious of his talent. The evidence presented clearly showed that John was innocent and that he had no knowledge or involvement in the theft of the painting.

Despite the overwhelming evidence of John's innocence, the court erroneously convicted him and imposed a harsh penalty of 30 years imprisonment. The defense lawyer immediately filed an appeal, arguing that the court had committed a grave error in convicting John and imposing an excessive penalty.

Based on Article 5 of the Revised Penal Code, which specifically addresses the duty of the courts in cases of non-punishable acts and excessive penalties, discuss the following:

1. What is the duty of the court in cases where the act charged is not punishable by law?
2. What is the duty of the court in cases where the penalty imposed is excessive?
3. Considering the scenario presented, discuss the appropriate action that the defense lawyer should take in light of Article 5.

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Answer