Commission Of Another Crime During Service Of Penalty Imposed For Another Previous Offense - Penalty
On Criminal Law
ART.160.
NOTE: This article provides for quasi-recidivism
ELEMENTS:
1. That the offender was already convicted by final judgment of one offense; and
2. That he committed a new felony before beginning to serve such sentence or while serving the same.
NOTES:
Quasi-recidivism is a special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same.
Second crime must belong to the RPC, not special laws. First crime may be either from the RPC or special laws.
The aggravating circumstance of reiteracion, on the other hand, requires that the offender shall have served out his sentence for the prior offense.
General Rule: A quasi-recidivist may be pardoned at age 70... Exception: Unworthy, or habitual delinquent
If new felony is evasion of sentence, offender is not a quasi-recidivist.
The penalty: maximum period of the penalty for the new felony should be imposed.
Mitigating circumstance can only be appreciated if the maximum penalty is divisible.
Quasi-Recidivism may be offset by a special privileged mitigating circumstance. (Ex. Minority)
NOTE: This article provides for quasi-recidivism
ELEMENTS:
1. That the offender was already convicted by final judgment of one offense; and
2. That he committed a new felony before beginning to serve such sentence or while serving the same.
NOTES:
Quasi-recidivism is a special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same.
Second crime must belong to the RPC, not special laws. First crime may be either from the RPC or special laws.
The aggravating circumstance of reiteracion, on the other hand, requires that the offender shall have served out his sentence for the prior offense.
General Rule: A quasi-recidivist may be pardoned at age 70... Exception: Unworthy, or habitual delinquent
If new felony is evasion of sentence, offender is not a quasi-recidivist.
The penalty: maximum period of the penalty for the new felony should be imposed.
Mitigating circumstance can only be appreciated if the maximum penalty is divisible.
Quasi-Recidivism may be offset by a special privileged mitigating circumstance. (Ex. Minority)
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