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Distinction By: Recidivist Habitual Delinguent Quasi-Recidivist Reiteration

The document distinguishes between four types of repeat offenders under Philippine law: recidivists, habitual delinquents, quasi-recidivists, and reiteracion. Recidivists have two or more convictions under the same Title and have increased penalties up to the maximum. Habitual delinquents require at least three convictions for specified crimes and additional penalties increase with each conviction. Quasi-recidivists commit a new felony while serving time for a previous conviction, regardless of Title, and receive the maximum penalty for the new felony. Reiteracion involves previous and subsequent offenses under different Titles, with equal or greater penalties for the prior crime.

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680 views1 page

Distinction By: Recidivist Habitual Delinguent Quasi-Recidivist Reiteration

The document distinguishes between four types of repeat offenders under Philippine law: recidivists, habitual delinquents, quasi-recidivists, and reiteracion. Recidivists have two or more convictions under the same Title and have increased penalties up to the maximum. Habitual delinquents require at least three convictions for specified crimes and additional penalties increase with each conviction. Quasi-recidivists commit a new felony while serving time for a previous conviction, regardless of Title, and receive the maximum penalty for the new felony. Reiteracion involves previous and subsequent offenses under different Titles, with equal or greater penalties for the prior crime.

Uploaded by

Crisanta Marie
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Distinction

by:

Recidivist

Habitual Delinguent

Quasi-recidivist

Reiteration

Two convictions are enough. It is enough that the


final judgment has been rendered for the first
offense.

At least 3 convictions are required

Offender is beginning to serve or


serving sentence by virtue of final
judgment and commits a felony.

It is necessary that offender has


served out his sentence for the
first offense.

Offense

Crimes are not specified but embraced in the


same Title.

Crimes are limited and specified to STREF


(Serious/Less physical injuries, Theft,
Robbery, Estafa, Falsification

Does not require that the offense


for which the convict is serving
and the new felony committed are
embraced in the same title of the
Code.

Previous and subsequent offense


must not be embraced in the same
title of RPC.

Penalty

Increased to the maximum period. o requirement


as to penalty imposed in the prior conviction.

Entails additional penalty which increases


with the number of convictions.

Penalizes the convict with the


maximum period for the new
felony committed.

Prior crime must have been


penalized with an equal or greater
penalty or 2 or more crimes with
lighter penalty.

No time limit between the first


and subsequent convictions.

It is sufficient that the succeeding


offense be committed after the
commission of the preceding
offense.

Special aggravating circumstance.


The aggravating circumstances of
recidivism may not be offset by
any ordinary mitigating
circumstance present in the
commission of the crime.

Generic aggravating
circumstance. Not always an
aggravating circumstance.
Reiteracion is concerned with the
penalty imposed by law, and not
the nature of the crime.

Specifically alleged in the


information.

Necessary to be alleged in the


information.

Conviction

Prescription

There is no time limit between the first conviction


and the subsequent conviction. Recidivism is
imprescriptible.

Nature

Generic aggravating circumstance. Always taken


into consideration in fixing the penalty to be
imposed upon the accused. Can be offset by an
ordinary mitigating circumstance. If not offset, it
would only increase the penalty prescribed by law
for the crime committed to its maximum period.

Circumstance

The circumstance need not be alleged in the


information.

Submitted by: Teresita Dilabajan, LLB-1

There is a time limit of not more than 10


years between every convictions computed
from the first conviction or release from
punishment thereof, to conviction
computed from the second conviction or
release therefrom, to the third conviction,
and so on.
Special aggravating circumstance. Cannot
be offset by any mitigating circumstance.
Aside from the penalty prescribed by law,
additional penalty shall be imposed
depending upon whether it is already the
third conviction, the fourth, the fifth, and
so on.
The circumstance must be alleged in the
information, otherwise, the court cannot
acquire jurisdiction to impose additional
penalty.

ASSIGNMENT IN CRIMINAL LAW (DISTINCTION)

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