iARTICLE 14, PARAGRAPH 10- AGGRAVATING

CIRCUMSTANCES

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.
BASIS
- Greater perversity of offender shown by his inclination to commit crimes

REQUISITES

1. That the accused is on trial for an offense

2. That he previously served sentence for another offense to which the law attaches an equal
or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for
the new offense
3. That he is convicted of the new offense

Four forms of repetition

 

1. Recidivism
2. Reiteracion or habituality
3. Multi-recidivism or habitual delinquency
4. Quasi-recidivism
Recidivism and reiteracion
Reiteracion – must have served out his sentence for the first conviction; previous and subsequent
offense must not be embraced within the same title of the RPC
Recidivism – only a final judgment is needed and both offenses must be embraced within the same
title of the RPC