Ipaliwanag sa madaling Salita ang bawat section sa Tagalog at mag bigay ng halimbawa
Section 5. Post-sentence Investigation.
- No person shall be placed on probation except upon prior investigation by the probation officer and a determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby.
Section 6. Form of Investigation Report.
- The investigation report to be submitted by the probation officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report.
- The probation officer shall submit to the court the investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct the investigation. The court shall resolve the petition for probation not later than five days after receipt of said report.
- Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant on recognize the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation.
In determining whether an offender may be placed on probation, the court shall consider all information relative, to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources. Probation shall be denied
if the court finds that: a. The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
b. There is undue risk that during the period of probation the offender will commit another crime; or
c. Probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders.
- The benefits of this Decree shall not be extended to those:
a. Sentenced to serve a maximum term of imprisonment of more than six years; b. Convicted of any offense against the security of the state;
c. Who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos;
d. Who have been once on probation under the provisions of this decree; and
e. Who are already serving sentence at the time the substantive provisions of this decree
Section 5. Post-sentence Investigation.
- No person shall be placed on probation except upon prior investigation by the probation officer and a determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby.
Section 6. Form of Investigation Report.
- The investigation report to be submitted by the probation officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report.
- The probation officer shall submit to the court the investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct the investigation. The court shall resolve the petition for probation not later than five days after receipt of said report.
- Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant on recognize the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation.
In determining whether an offender may be placed on probation, the court shall consider all information relative, to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources. Probation shall be denied
if the court finds that: a. The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
b. There is undue risk that during the period of probation the offender will commit another crime; or
c. Probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders.
- The benefits of this Decree shall not be extended to those:
a. Sentenced to serve a maximum term of imprisonment of more than six years; b. Convicted of any offense against the security of the state;
c. Who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos;
d. Who have been once on probation under the provisions of this decree; and
e. Who are already serving sentence at the time the substantive provisions of this decree