Practice question
A prosecutor labels an offender a recidivist and refuses favorable Article 22 treatment without establishing the distinct Article 62(5) crime list, timing and conviction requirements. The favorable amendment has no independent restriction and the offender does not meet that definition. What is the correct limit?
- Recidivism and habitual delinquency are identical in every case
- A recidivist label alone does not establish Article 22’s specifically defined exception
- Any reputation for wrongdoing substitutes for the definition
- Any conviction number removes the need to examine timing
- The specific cross-reference may be deleted by argument
Legal references
- Revised Penal Code, Articles 8, 10 and 22, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- RA 18, Section 1, amended Article 62(5) habitual-delinquent definition: https://lawphil.net/statutes/repacts/ra1946/ra_18_1946.html
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