Title
Arrest and Detention for Large-Scale Swindling
Law
General Order No. 29
Decision Date
Apr 13, 1973
General Order No. 29, issued in 1973, allows for the arrest and detention of individuals involved in swindling and other deceits punishable under Articles 315 and 316 of the Revised Penal Code.
A

Scope and Applicability

  • Extends the provisions of General Order No. 2 and its subsequent amendments by explicitly including swindling and deceit crimes.
  • Targets persons involved in serious fraudulent schemes that cause considerable harm or involve significant value.

Legal Basis and Reference

  • Relies on the definition and penalties set forth in Articles 315 and 316 of the Revised Penal Code.
  • Incorporates these specific crimes into the framework of law enforcement powers for arrest and detention established in previous General Orders.

Procedural Implications

  • Facilitates faster and authorized action by law enforcement against suspects of swindling and deceit without the need for prolonged preliminary proceedings.
  • Aims to enhance the capacity of authorities to curtail fraudulent schemes effectively through timely enforcement.

Penalties Covered

  • Encompasses penalties as provided under the Revised Penal Code for swindling and other deceit acts.
  • Although the General Order itself does not specify new penalties, it reinforces the enforcement of existing ones by empowering arrest and detention.

Important Legal Concepts

  • Swindling (Estafa) and other Deceits: Defined and penalized under Articles 315 and 316, involving fraud or deceit inducing damage to another party.
  • Large Scale Offenses: The Order highlights offenses committed on a significant scale, which indicates prioritization in law enforcement efforts.
  • Amendment to Existing Orders: Demonstrates the evolving scope of General Orders to adapt to emerging or recognized criminal concerns.

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