Capital Offense Defined

Category: Criminal Procedure

Capital  Offense  Defined

Sec.  6.  Capital  offense  defined.  –  A  capital  offense  is  an  offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death.

WHAT IS A CAPITAL OFFENSE?

> A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished by death
 

HOW IS THE CAPITAL NATURE OF AN OFFENSE DETERMINED?

> The  capital  nature  of  the  offense  is  determined  by  the  penalty prescribed by law

> What is to be considered is prima facie evidence, not the penalty that may be imposed taking into account modifying circumstances