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3. Crime and
social objectives
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Article 25-Recidivism
(repeat offenders)
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| 25.1 |
Recidivism (repeat offence) |
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The commission of an intentional crime by a person who has a record of conviction for an intentional crime committed earlier shall be classified as the recidivism of crimes. |
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| 25.2 |
Compulsory maximum sentence for repeat offenders |
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The recidivism of crimes shall be classified as a dangerous crime in the following cases:
a) when a person has committed an intentional offence, for which they were sentenced to deprivation of liberty, if earlier this person was sentenced twice to deprivation of liberty for intentional offences;
b) when a person has committed an intentional grave offence, if they were earlier convicted for anintentional grave offence.
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Recidivism shall be deemed especially dangerous:
a) when a person has committed an intentional offence, for which they were sentenced to deprivation of liberty, if earlier this person was convicted three or more times and sentenced to deprivation of liberty for intentional grave offence or the intentional offence of average gravity;
b) when a person has committed an intentional grave crime, if earlier they were convicted twice for intentional grave crimes or was convicted for an especially grave crime;
c) when a person has committed an especially grave crime, if earlier they were convicted for an intentional grave or especially grave crime.
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In all cases where the crimes of the offender are deemed to be dangerous and repeat offences, it is a requirement of the courts to impose the maximum penalties stipulated within the limits of the punishment defined for the crimes for which they have most recently been convicted. |
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