Practice question
An offender has one earlier theft conviction but does not meet the specified habitual-delinquent definition. A genuinely favorable later penal law applies, with no separate contrary provision. May that one conviction alone activate Article 22’s exception?
- Yes, the prosecutor may replace the definition by preference
- Yes, any one prior conviction is the entire definition
- Yes, any prior arrest is enough
- No
- Yes, every theft accused is automatically habitual
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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