RECIDIVISM, QUASI-RECIDIVISM, HABITUAL DELINQUENT & REITERACION l JEK TV

CRIMINAL LAW: RECIDIVISM, HABITUAL DELINQUENCT, QUASI-RECIDIVISM, REITERACION

There are four different forms of habituality or repetition of crimes and these are:
1. Recidivism
2. Habitual Delinquency
3. Quasi-Recidivism
4. Reiteracion

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.

REITERACION:
The offender is convicted of two crimes but there is no requisite that the two crime must belong to the same title of the code. What is required here is that the offender must have completed the penalty imposed to him in the first conviction and that the penalty for the last conviction he had already been served must be greater or equal to the penalty that is imposable to the second crime.
The nature is a generic aggravating circumstance but it is not mandatory for the court to impose the same unlike in recidivism where it was held by the Supreme Court that it is mandatory for the court to always appreciate it in recidivism if proven by evidence.

HABITUAL DELINQUENCY:
This is defined under Rule 5 of Article 62, a habitual delinquent is an offender who within the period of 10 years from his last conviction or release shall have been found guilty of any of these crimes:
1. Robbery
2. Theft
3. Serious physical injury
4. Less serious physical injury
5. Estafa
6. Falsification
So, the two convictions must be made within the period of 10 years reckoned from the last conviction or last release of the offender and within 10 yeasr of such release he commits any of those crimes.
If there are only 2 convictions then there is no habitual delinquency because the law says that he must be found guilty of any or in combination of those six felonies for the third time.


In this case, the court shall impose an additional penalty for being a habitual delinquent aside from the principal penalty for the last conviction.
Example: If the 1st conviction is for serious physical injury, second is theft and the third is for robbery.
Upon the third conviction of robbery the penalty of robbery shall be imposed but in addition to it. Since, in the third conviction he becomes a habitual delinquent additional penalty shall be imposed.
But there is a limitation under Article 62, “The penalty of the last crime to be committed and athe additional penalty for the habitual delinquent shall not be more than 30 years.”

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.

Reference
Special Mentioned POLITICUS.ME
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