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Edwin N. Mendame Jr.

Criminal Law 1D The Four Types of Repetition

September 23, 2009

Recidivism- Where a person, on separate occasions, is convicted of two offenses embraced in the same title in the Revised Penal Code. This is a generic aggravating circumstance Reiteration- Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This is a generic aggravating circumstance. Habitual Delinquency- Where a person within a period of ten years from the date of his release or last conviction of the crimes of less or serious physical injuries, estafa, falsification or theft, is found guilty is found guilty of the same crimes for three times or more. This is an extraordinary aggravating circumstance. Quasi-Recidivism- Where the person commits a felony before beginning to serve or while serving a sentence on a previous conviction or felony. This is a special aggravating circumstance. Habituality Necessary that the offender shall have served his sentence for his first offense Habitual Delinquency As to first offense Enough that a Offenses done final judgment within a period of has been ten years from rendered in the release or last first offense conviction As to the kind of offenses involved Requires that the Must be less or offenses be in the serious physical same title of the injuries, estafa, RPC falsification or theft Type of Aggravating Circumstance Generic Generic Extraordinary Special Recidivism Quasi-recidivism Offense done before beginning to serve or while serving a sentence for a previous conviction or felony Any felony

Previous and subsequent offenses must not be in the same title of the RPC