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All Jurisprudence based

0 tracked cards Criminal Law

Governing doctrine on the effects of repeal or amendment of penal statutes on criminal liability and penalties, including retroactive application of a more lenient law. Facts: On March 1, 2023, Ana committed estafa by misappropriating PHP 200,000 from her employer. Under the old Estafa law, the penalty ranged from imprisonment 3 to 9 years. On August 1, 2023, the Estafa law was amended to reduce the penalty to imprisonment from 2 to 6 years. On September 15, 2023, Ana is charged and convicted under the amended law for the act committed on March 1, 2023. Which law applies to the offense and what is the proper sentence? Explain.

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Governing doctrine: The amended Estafa law applies retroactively to reduce the penalty; the proper sentence is imprisonment for 2 to 6 years. Governing doctrine: Retroactive application of a more lenient law is not allowed; the defendant should be punished under the old law, 3 to 9 years. Governing doctrine: The court may choose between the two laws to yield the lower penalty; the proper sentence is 2 to 6 years. Governing doctrine: The amendment is prospective only; apply the old law and sentence of 3 to 9 years.

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