ADJUS-121 Lecture Notes - Lecture 25: Fraud, Arraignment, Homicide
2 Sep 2020
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That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford impunity. Recidivist one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the rpc. Basis: greater perversity of the offender as shown by his inclination to commit crimes. What is controlling is the time of the trial, not the time of the commission of the offense. At the time of the trial means from the arraignment until after sentence is announced by the judge in open court. When does judgment become final? (rules of court) Example of crimes embraced in the same title of the rpc. Q: the accused was prosecuted and tried for theft, robbery and estafa. Because the judgment in any of the first two offenses was not yet final when he was tried for the third offense.
