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Habituality (reiteracion), A14(10) Revised Penal Code

1. Concept

Habituality (reiteracion), as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when offender has been previously punished: (a) by an offense to which the law attaches an equal or greater penalty; or (b) for two or more crimes to which it attaches a lighter penalty.

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

(Revised Penal Code)

2. Previously punished by an offense

For the aggravating circumstance of habituality (reiteracion), offender has been previously punished: (a) by an offense to which the law attaches an equal or greater penalty; or (b) for two or more crimes to which it attaches a lighter penalty.

a. Previously punished

In recidivism or reincidencia, the offender shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code (Revised Penal Code, Art. 14[g]). In reiteracion, the offender shall have been punished previously for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty (Revised Penal Code, Art. 14[10]). Unlike in reincidencia, the offender in reiteracion commits a crime different in kind from that for which he ...

 



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