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

Question

Subject: Construction or Interpretation of Penal Laws

A new law was recently enacted, imposing a higher penalty for the offense of theft. The law states that it shall have retroactive effect, applying to all theft offenses committed prior to its enactment. However, several individuals have raised concerns about the retroactive application of the law and its implications on their pending theft cases. In light of these circumstances, analyze the following situations:

  1. Case 1: Juan is currently on trial for theft, and the alleged offense was committed three years ago. The new law, which imposes a higher penalty, was enacted while his case is ongoing.
  2. Case 2: Maria was convicted of theft and was given a certain penalty. However, after her conviction, the new law was enacted, which imposes a higher penalty for theft offenses committed prior to its enactment.
  3. Case 3: Michael was convicted of theft and was already serving his sentence when the new law was passed. The penalty imposed by the new law is higher than the one imposed on him at the time of his conviction.

Based on the principles and provisions of retroactivity in penal laws, discuss whether the new law should be applied retroactively to each of the given situations. Support your answers with applicable laws and jurisprudence.




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