Practice question
A genuine legislative gap leaves specified conduct unpunished after an absolute repeal. A later statute newly criminalizes it again. A person acts only during that gap. The prosecutor relies solely on the later law to create liability for the intervening lawful act. Which is best?
- A later prohibition cannot ordinarily be applied adversely to manufacture criminality for conduct during the stipulated genuine gap
- Every later reenactment automatically reaches all past lawful acts
- The name of the older law alone supplies a current offense
- A prosecutor may eliminate the gap by announcement
- The court may impose any former penalty without a legal basis
Legal references
- Revised Penal Code Articles3,21; People v.YYY GR262941 distinguished: https://lawphil.net/statutes/acts/act1930/act_3815_1930b.html
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