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Recidivist X Quasi-Recidivist

A quasi-recidivist is someone who commits a felony after being convicted of any crime but before serving their sentence for the first crime. To be considered a quasi-recidivist, the second crime must be a felony. For a quasi-recidivist, the maximum penalty will always be imposed for the second conviction regardless of any mitigating circumstances. Recidivism is defined as two felony convictions under the same title of the Revised Penal Code, and the maximum penalty can be imposed unless mitigating circumstances are present.

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9K views1 page

Recidivist X Quasi-Recidivist

A quasi-recidivist is someone who commits a felony after being convicted of any crime but before serving their sentence for the first crime. To be considered a quasi-recidivist, the second crime must be a felony. For a quasi-recidivist, the maximum penalty will always be imposed for the second conviction regardless of any mitigating circumstances. Recidivism is defined as two felony convictions under the same title of the Revised Penal Code, and the maximum penalty can be imposed unless mitigating circumstances are present.

Uploaded by

liks5poyongan
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QUASI-RECIDIVIST:

In article 160, a quasi-recidivist is one who has been convicted


by a final judgment of any crime whether the first conviction is
for a felony or an offense punished by a special law. But after
finalty of judgment before serving the first sentence or while
serving sentence he commits a felony.
It is important to note that, the second crime which he commits
while serving his sentence for the first crime should always be a
felony to become a quasi-recidivist. Because if the second
conviction is for a crime no punished by the Revised Penal Code
he will not be a quasi-recidivist.
The nature of the penalty of a quasi-recidivist is a special
aggravating circumstance because under the law, the penalty for
a quasi-recidivist for that second conviction shall be imposed in
its maximum period and it could never be offset by the presence
of any mitigating circumstance.

RECIDIVISM:
When the offender has been convicted by two felonies that has
been embraced in the same title of the Revised Penal Code. The
penalty shall be raised in the maximum because the nature of
recidivism is a generic aggravating circumstance.
However, if there is a mitigating circumstance to offset the same
then it will not raise the penalty to its maximum period.

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