Reiteracion This has nothing to do with the classification of the felonies In

Reiteracion this has nothing to do with the

This preview shows page 45 - 47 out of 267 pages.

Reiteracion This has nothing to do with the classification of the felonies. In reiteracion, the offender has already tasted the bitterness of the punishment. This is the philosophy on which the circumstance becomes aggravating. It is necessary in order that there be reiteracion that the offender has already served out the penalty. If the offender had not yet served out his penalty, forget about reiteracion. That means he has not yet tasted the bitterness of life but if he had already served out the penalty, the law expects that since he has already tasted punishment, he will more or less refrain from committing crimes again. That is why if the offender committed a subsequent felony which carries with it a penalty lighter than what he had served, reiteracion is not aggravating because the law considers that somehow, this fellow was corrected because instead of committing a serious crime, he committed a lesser one. If he committed another lesser one, then he becomes a repeater. So, in reiteracion, the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has
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E l m e r P . B r a b a n t e C R I M I N A L L A W R E V I E W f o r t h e 2 0 1 1 B a r E x a m s Page 46 already served. If that is the situation, that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. However, if he commits a felony carrying a lighter penalty; subsequently, the law considers that somehow he has been reformed but if he, again commits another felony which carries a lighter penalty, then he becomes a repeater because that means he has not yet reformed. You will only consider the penalty in reiteracion if there is already a second conviction. When there is a third conviction, you disregard whatever penalty for the subsequent crimes committed. Even if the penalty for the subsequent crimes committed are lighter than the ones already served, since there are already two of them subsequently, the offender is already a repeater. However, if there is only a second conviction, pay attention to the penalty attached to the crime which was committed for the second crime. That is why it is said that reiteracion is not always aggravating. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already served, even if literally, the offender is a repeater, repetition is not aggravating. Quasi-recidivism This is found in Article 160. The offender must already be convicted by final judgement and therefore to have served the penalty already, but even at this stage, he committed a felony before beginning to serve sentence or while serving sentence. Illustration: Offender had already been convicted by final judgement. Sentence was promulgated and he was under custody in Muntinlupa. While he was in Muntinlupa, he escaped from his guard and in the course of his escape, he killed someone.
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  • Fall '16
  • Law, criminal law, Criminal Law Review, elmer p. brabante

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