[45]
Supra note 42.
[46]
Citations omitted; emphases supplied.
ARTICLE 5. Duty of the Court in Connection with Acts Which Should Be
Repressed but Which are Not Covered by the Law. and in Cases of Excessive
Penalties. — Whenever a court has knowledge of any act which it may deem proper
to repress and which is not punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act should be made the subject
of penal legislation.
[47]
In the same way the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive penalty
taking into consideration the degree of malice and the injury caused by the offense.
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