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All ▸ Bar 2024 ▸ CRIMINAL LAW ▸ I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW ▸ B. Construction or Interpretation of Penal Laws ▸ 2. Retroactive Effect of Penal Laws

Question

Subject: Construction or Interpretation of Penal Laws

Scenario: John was charged with a crime that was committed before a new penal law was enacted. After the trial, John was found guilty and sentenced to imprisonment. However, during the appeal process, the new penal law came into effect, which has lesser penalties for the same crime.

Question: Should the new penal law be applied retroactively to John's case? Why or why not? Discuss the legal basis for the retroactive effect of penal laws.



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Bar Review Question: Subject: Construction or Interpretation of Penal Laws Scenario: John was charged with a crime that