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AllBar 2024CRIMINAL LAWI. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAWB. Construction or Interpretation of Penal Laws2. Retroactive Effect of Penal Laws

Question

Construction or Interpretation of Penal Laws: Retroactive Effect of Penal Laws

Consider the following scenario:

John committed a crime on January 1, 2020. At the time of the commission of the offense, the penalty prescribed by law was imprisonment of not less than 5 years and not more than 10 years. On February 1, 2021, the law was amended and the penalty for the same offense was increased to imprisonment of not less than 10 years and not more than 15 years. John was apprehended by the authorities on March 1, 2021, after the amendment took effect.

Discuss the retroactive effect of the penal laws in this scenario. Will the amendment to the law be applied to John's case, or will he be sentenced based on the previous penalty? Explain your answer, citing applicable laws and jurisprudence, if any.




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