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    Distinguish Between Recidivism and Quasi

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    The document distinguishes between recidivism and quasi-recidivism, as well as habitual delinquency and recidivism. Recidivism involves convictions under the same penal code title, while quasi-recidivism involves convictions across titles. Habitual delinquency specifies crimes of robbery, theft, etc. and requires convictions within 10 years, while recidivism does not specify a time period between convictions. Recidivism increases penalties, while habitual delinquency provides for additional penalties.

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    Distinguish Between Recidivism and Quasi

    Uploaded by

    che
    4K views2 pages
    The document distinguishes between recidivism and quasi-recidivism, as well as habitual delinquency and recidivism. Recidivism involves convictions under the same penal code title, while quasi-recidivism involves convictions across titles. Habitual delinquency specifies crimes of robbery, theft, etc. and requires convictions within 10 years, while recidivism does not specify a time period between convictions. Recidivism increases penalties, while habitual delinquency provides for additional penalties.

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    The document distinguishes between recidivism and quasi-recidivism, as well as habitual delinquency and recidivism. Recidivism involves convictions under the same penal code title, while quasi-recidivism involves convictions across titles. Habitual delinquency specifies crimes of robbery, theft, etc. and requires convictions within 10 years, while recidivism does not specify a time period between convictions. Recidivism increases penalties, while habitual delinquency provides for additional penalties.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    4K views2 pages

    Distinguish Between Recidivism and Quasi

    Uploaded by

    che
    The document distinguishes between recidivism and quasi-recidivism, as well as habitual delinquency and recidivism. Recidivism involves convictions under the same penal code title, while quasi-recidivism involves convictions across titles. Habitual delinquency specifies crimes of robbery, theft, etc. and requires convictions within 10 years, while recidivism does not specify a time period between convictions. Recidivism increases penalties, while habitual delinquency provides for additional penalties.

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    © All Rights Reserved
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    Distinguish between recidivism

    and quasi-recidivism; habitual


    delinquency from recidivism.
    (1986;
    Quote

    Post by hereford Wed Nov 02, 2016 11:34 am

    A: In recidivism, the convictions of the offender are for crimes


    embraced in the same Title of the Revised Penal Code and this
    circumstance is generic aggravating and therefore can be offset by
    an ordinary mitigating circumstance. Whereas, in quasi-recidivism,
    the convictions are not for crimes embraced in the same title of
    the Revised Penal Code, provided that it is a felony that was
    committed by the offender before serving sentence by final
    judgment for another crime or while serving sentence for another
    crime and this circumstance is a special aggravating circumstance
    which cannot be offset by any mitigating circumstance.

    Meanwhile, the distinctions between habitual delinquency and


    recidivism are the following:

    1. In habitual delinquency, the crimes are specified, which are


    robbery, theft, estafa, falsification, serious and less serious
    physical injuries. In recidivism, the crimes are embraced in the
    same title of the Revised Penal Code.

    2. In recidivism, no period of time is fixed between the former


    conviction and the last conviction. In habitual delinquency,
    conviction of any of the specified crimes must take place within
    10 years from the last conviction or release.

    3. In recidivism, it is enough that there be a second conviction of


    any crime embraced in the same title of the last or the first
    crime. In habitual delinquency, there must be at least a third
    conviction of any of the specified crimes.

    4. Recidivism is an aggravating circumstance and if not offset,


    serves to increase the penalty. Habitual Delinquency provides for
    the imposition of additional penalty.

    24. Brig. General Danilo Lim heads an elite Scout Ranger unit. In
    conspiracy with other military officers, he planned and decided to
    lead his men to an opposition rally and call for President Arroyos
    resignation. He was then arrested and charged with conspiracy to
    commit coup detat. If you were the judge, would you convict
    Gen. Lim and his co-conspirators? Why and why not?

    A: If I were the judge, I will not convict Gen. Lim and his co-
    conspirators of the crime of conspiracy to commit coup detat.
    While Gen. Lim, a person belonging to the military is actually in
    conspiracy with other military officers, and their conspiracy is
    directed against duly constituted authority of the Philippines, in
    order to diminish if not to seize state power, their conspiracy was
    only to stage a rally that would call for the resignation of the
    President. It was not a conspiracy to make a swift attack,
    accompanied by violence, intimidation, threat, strategy, or
    stealth as in coup detat. Hence, conspiracy to commit coup
    detat was not committed. (Art. 136, RPC).

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