Article 13. Criminal Recidivism

1. The commission of a deliberate act by a person who has a previous conviction for a past deliberate crime shall be recognised as criminal recidivism.

2. Criminal recidivism of crimes shall be considered dangerous:

a) in case of commission by a person of a deliberate crime for which he is to be convicted to imprisonment, if earlier that person was convicted twice to imprisonment for a deliberate crime;

b) in case of commission by a person of a grave crime, if earlier he was convicted of a grave crime.

3. Criminal recidivism shall be recognised as especially dangerous:

a) in case of the commission by a person of a deliberate crime for which he is convicted and sentenced to imprisonment, if earlier that person was convicted and sentenced to imprisonment not less than thrice for past grave crimes, or deliberate crimes of a medium gravity;

b) in case of the commission by a person of a grave crime for which he is convicted and sentenced to imprisonment, if earlier that person was sentenced to imprisonment for the commission of a grave crime, or was convicted of an especially grave crime;

c) in case of the commission of especially grave crime by a person, if he was convicted of a grave or especially grave crime.

4. Convictions of crimes committed by a person under the age of eighteen shall not be taken into account in the recognition of criminal recidivism, as well as sentences served or exculpated through the procedure established by the present Code.

5. Recidivism of crimes shall entail a stricter punishment on the basis and within limits stipulated by the present Code.

Article 14. Persons Who Are Subject to Criminal Liability

1. Only a sane person who reached the age established by the present Code shall be subject to criminal liability.

2. Persons who committed crimes shall be equal before law, regardless of their origin, social, official, and property status, sex, race, nationality, language, religious attitude, persuasions, membership in public organizations, place of residence, or any other circumstances.

Date: 2014-12-21; view: 870