DISTINCTIONS AMONG RECIDIVISM, REITERACION, QUASI-RECIDIVISM AND HABITUAL DELINQUENCY

RECIDIVISM QUASI-RECIDIVISM REITERACION HABITUAL DELINQUENCY

As to Two crimes are enough. Crimes must Two crimes are enough. Crimes Two crimes are required. It is not Three convictions are required. Crimes
conviction be felonies and under the same title must not be embraced in the same necessary that either or both are limited and specified to: a. serious
of the Revised Penal Code. title of the Code. However, crimes are felony. and less serious physical injury, b. theft,
subsequent crime must be a c. robbery, d. estafa or swindling, and e.
felony. falsification.
Prescription There is no time limit between the There is no time limit between There is no time limit between There is a time limit of not more than
first and subsequent crime(s). previous and subsequent the first and subsequent ten (10) years between every
crime(s). crime(s). conviction or release computed from
the first conviction or release from
punishment thereof to conviction
computed from the second conviction
and so on…

As to the It is enough that a final judgment It is enough that a final judgment It is necessary that the It is necessary that the culprit shall
commission has been rendered in the first has been rendered in the first offender shall have served out have been released or convicted for the
of the offense. offense. his sentence for the first offense. first two offenses.
previous
crimes.

As to the It is enough that the subsequent The subsequent crime, the The subsequent crime, the In the subsequent crimes, the culprit
commission of crime of the criminal must be under offender needs not be wrongdoer needs not be must be convicted.
subsequent trial or pending trial and he needs convicted. It is enough that a convicted. It is enough that he
crimes not be convicted thereof. perpetrator committed a commits a new crime. Provided,
felony before or while serving the second offense attaches equal
sentence. or greater penalty than the first.
 As to Always to be taken into Special aggravating
appreciation consideration in fixing the penalty circumstance. This cannot be
as to be imposed. It is a generic offset by any mitigating
aggravating aggravating circumstance which circumstance and the
circumstance can be offset by an ordinary imposition of penalty in the
and mitigating circumstance. If not maximum period cannot be
imposition of offset, it would increase the lowered by any ordinary
penalty penalty prescribed by law for the mitigating circumstance.
crime committed to its maximum When there is a privileged
period. mitigating circumstance, the
penalty prescribed by law for
the crime committed shall be
lowered by 1 to 2 degrees, as
the case may be, but then it
shall be imposed in the
maximum period.
This is not always an aggravating
circumstance. If there is only
second conviction, to make it
aggravating, the penalty attached
for the second crime committed
should be equal or greater than
the first offense. If not equal or
higher than the penalty already
served, even if literally the
offender is a repeater, repetition
is not aggravating.
It is a special aggravating circumstance;
hence it cannot be offset by any
mitigating circumstance. Aside from the
penalty prescribed by law for the crime
committed, an additional penalty shall
be imposed depending upon whether it
is already the third conviction, the
fourth, the fifth and so on…

Prepared by :

MELCA V. PERU
LLB-1- Criminal Law 1