Chapter VII. REPETITION, CUMULATION OF CRIMINAL OFFENSES AND
RECIDIVISM
Article 32. Repetition of criminal offenses
1. Repetition of criminal offenses is the commission of two or more offenses, prescribed by
the same article or the same paragraph of an article of the Special Part of this Code.
2. Repetition prescribed by paragraph 1 of this Article shall not be present in commission of a
continuing offense comprised of two or more similar acts connected by one criminal intent.
3. Committing two or more criminal offenses created by different articles of this Code shall
be recognized as repetition only in cases prescribed in the Special Part of this Code.
4. There shall be no repetition if a person was discharged from criminal liability for the
previously committed criminal offense on grounds provided for in the law or where the
criminal record for that criminal offense was canceled or revoked.
Article 33. Cumulation of criminal offenses
1. The cumulation of criminal offenses shall mean the commission, by one person, of two or
more offenses created by different articles or different paragraphs of the one article of the
Special Part of this Code, where that person has not been convicted of any of these offenses.
The offenses with regard to which the person was discharged from criminal liability on
grounds prescribed by the law shall not be taken into account.
2. In case of cumulation of criminal offenses, each of them shall be classified under
appropriate article or paragraph of an article of the Special Part of this Code.
Article 34. Recidivism
Recidivism shall mean the commission of a new intended criminal offense by a person who
has a criminal record for another offense.
Article 35. Legal consequences of repetition, cumulation and recidivism
Repetition, cumulation or recidivism shall be taken into account in the classification of
criminal offenses and infliction of punishment, and also in contemplating discharging from
criminal liability and punishment in cases provided in this Code.
Chapter VIII. CIRCUMSTANCES EXCLUDING CRIMINALITY OF AN ACT
Article 36. Necessary defense
1. The necessary defense shall mean actions taken to defend the legally protected rights and
interests of the defending person or another person, and also public interests and interests of
the state, against a socially dangerous trespass, by inflicting such harm upon the trespasser as
is necessary and sufficient in a given situation to immediately avert or stop the trespass,
provided the limits of the necessary defense are not exceeded.
2. Every person shall have the right to necessary defense notwithstanding any possibility to
avoid a socially dangerous trespass or request assistance of other persons or authorities.
3. The excess of necessary defense shall mean an intended causing of a grievous harm to the
trespasser, which is not adequate to the danger of the trespass or circumstances of the defense.