What is the violation of section 11 of RA 9165?

What is the minimum sentence for drugs?

Federal drug laws carry harsh penalties, and sentencing often begins with mandatory minimums. These minimum sentences for federal drug crimes depend on the type of drug, the amount involved, and whether prior convictions exist. Typically, these sentences are either five or 10 years.

What are the five types of penalties?

B. CLASSIFICATION ACCORDING TO GRAVITY

• Capital Punishment. Death Penalty (currently suspended under Republic Act No. 9346, which prohibits its imposition).
• Afflictive Penalties. Reclusion perpetua (20 years and 1 day to 40 years) ...
• Correctional Penalties. Prision correccional (6 months and 1 day to 6 years) ...
• Light Penalties.

How long do you go to jail for drugs in the Philippines?

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and ...

Which cases are non-bailable?

Common Examples of Non-Bailable Offences

• Murder (Section 302 IPC/Section 103 BNS) - Unlawfully causing death with intention.
• Attempt to Murder (Section 307 IPC/Section 109 BNS) - Taking steps toward killing someone.
• Rape (Section 376 IPC/Section 70 BNS) - Sexual assault without consent.

What is the section 11 case?

Under Section 11 of Republic Act 9165, any person found in possession of dangerous drugs such as shabu, cocaine, heroin, marijuana, and others faces life imprisonment to death and a fine up to ₱10 million, depending on the quantity seized.

What is Article 11 of the Philippines?

[204] Article XI of the 1987 Constitution states: Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.

What is the highest penalty in the Philippines?

Death: Although historically the highest penalty, the death penalty was abolished in the Philippines in 2006 and is not currently enforced. c. Reclusion perpetua: Translating to "perpetual imprisonment," this carries a sentence of 20 to 40 years.

What is sec 11?

1) Section 11 provides exemption for income derived from property held under trust wholly for charitable or religious purposes to the extent such income is applied for charitable or religious purpose in India. However, this exemption shall be subject to certain conditions.

What are the 4 categories of illegal drugs?

Drugs and alcohol generally fall into 4 categories: depressants, stimulants, opiates, and hallucinogen.

What are the top 3 most commonly used illegal drugs in the Philippines?

Methamphetamine Hydrochloride or “Shabu” remains the leading drug of abuse, comprising around ninety-four percent (93.65%) of the total admissions. This is followed by Cannabis (Marijuana) at twenty-five percent (24.96%) and on the third by Cocaine at less than one percent (0.53%).

Is Section 11 of RA 9165 bailable?

If Section 11 imposes a penalty of life imprisonment (e.g., for possession of 5 grams or more of shabu, 300 grams or more of marijuana, or 10 grams or more of cocaine/heroin/ecstasy), the offense is typically non-bailable if the evidence of guilt is strong.

What is the minimum penalty for RA 9165?

- A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provision of Article VIII of the Act.

Does RA 9165 allow for plea bargaining?

9165, or the Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165), which stipulates that those individuals charged under any provision of said law, regardless of imposable penalty, shall not be allowed to avail of the provision on plea bargaining.

What are the 4 stages of punishment?

Western penological theory and American legal history generally identify four principled bases for criminal punishment: retribution, deterrence, incapacitation, and rehabilitation. The Sentencing Reform Act (SRA) requires federal courts to impose an initial sentence that reflects these purposes of punishment.

Can penalties be reduced or removed?

Penalty abatement refers to the partial or full removal of tax penalties when specific legal defenses apply. These defenses are codified in Federal and California statutes and include both automatic and discretionary relief provisions.

Can a drug possession charge be dropped?

Being charged with drug possession in California is a serious matter—but it doesn't always lead to a conviction. Depending on the specifics of your case—and with the help of an experienced defense attorney—it is often possible to get drug possession charges reduced or even dropped entirely.

What are the odds of going to jail for selling drugs?

Drug traffickers have a relatively low rate of imprisonment (33 percent), probably resulting from the varying definitions of "possession with intent" to sell among jurisdictions. Another 45 percent of traffickers are sentenced to jail, and 62 percent of all convicted traffickers receive a probation sentence.

Who decides mandatory minimum sentences?

It is up to the judge to decide which specific sentence to choose. Someone convicted of a felony can also be given probation, in which case they could receive one year or less of jail, or even no jail at all.