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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:

Rico was convicted of illegal possession of firearms in 2010. At that time, the penalty for this offense was imprisonment of 6 years and 1 day to 12 years. However, in 2014, a new law was enacted reducing the penalty for illegal possession of firearms to imprisonment of 4 years to 8 years.

Question:

Based on the given scenario, discuss whether the new law reducing the penalty for illegal possession of firearms can be applied retroactively to Rico's case. Provide legal basis for your answer.



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Bar Review Question: Subject: Construction or Interpretation of Penal Laws Scenario: Rico was convicted of illegal pos