Question & AnswerQ&A (Act No. 3397)
Act No. 3397 is titled "An Act to Establish Additional Penalties for Habitual Criminals," and its main purpose is to impose additional penalties on persons who are habitual criminals, particularly those convicted three or more times of specified crimes within ten years.
The crimes covered are robo (robbery), hurto (theft), estafa (swindling), embezzlement, forgery, and violations of laws against vagrancy or prostitution.
The repeated convictions must occur within ten years from the date of the person's release or from the date of their last conviction.
A habitual criminal is defined as any person who is found guilty of any of the specified crimes for a third time or more within the ten-year period.
Upon a third conviction, the court may impose the penalty provided by law for the last crime committed plus an additional imprisonment penalty of not less than three years and not more than nine years.
For a fourth conviction, the court may impose the prescribed penalty for the last crime plus an additional penalty of not less than ten years and not more than fifteen years of imprisonment.
The penalty for the last crime committed applies plus an additional imprisonment of not less than sixteen years and not more than twenty years, at the court's discretion.
The penalty for the last crime committed is applied with an additional imprisonment of not less than twenty-one years and not more than thirty years.
No, the additional penalty is discretionary upon the court, meaning the court may impose it or not within the specified ranges.
The provisions of Act No. 3062 are repealed by this Act.
The Act took effect on January 1, 1928.
Yes, the habitually criminal concept under this law applies only to specific crimes enumerated: robo, hurto, estafa, embezzlement, forgery, and violations of laws against vagrancy or prostitution.