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AllBar 2024CRIMINAL LAWII. REVISED PENAL CODE - BOOK ONEE. Penalties1. Nullum crimen, nulla poena sine lege - Article 21

Question

Subject: Penalties

Under the principle of "Nullum crimen, nulla poena sine lege" which states that there can be no crime or punishment without a law, let us consider the following scenarios:

Scenario 1:

Andres was charged with a crime that did not exist at the time of the commission of the act. The law defining the crime was enacted two years after Andres committed the act. Can Andres be convicted and punished for the crime? Explain your answer.

Scenario 2:

Marie was found guilty of a crime. However, the law providing for the punishment of the crime was repealed before Marie was sentenced. Can the court still impose the repealed penalty on Marie? Discuss.

Scenario 3:

Ryan was convicted of a crime and was sentenced to a penalty that was later increased by a new law. Is the increased penalty applicable to Ryan? Provide a legal basis for your answer.

Scenario 4:

Julia committed an act that is considered a crime under an existing law. However, the penalty for the said crime was later increased by a new law. Can Julia be sentenced to the increased penalty retroactively? Explain your answer.




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Bar Review Question: Subject: Penalties Under the principle of "Nullum crimen, nulla poena sine lege" which states that