Reoffending
Article 43
When fixing punishment for a perpetrator who has reoffended after he has served
a punishment, been forgiven a punishment, had his punishment barred by the statute of
limitations, or has had his punishment remitted after the deadline for revocation of
parole has expired, or after he has been imposed judicial admonition, the court can take
this as an aggravating circumstance while at the same time giving due consideration to
the seriousness of the prior offence, whether his prior offence is of the same kind as the
new one, whether both offences were committed out of the same motives, as well as to
the circumstances under which the offences were committed and how much time has
passed since the earlier conviction or since the punishment imposed, forgiven or barred
by the statute of limitations, since the remission of punishment, expiry of the deadline
for revocation of an earlier suspended sentence or since the judicial admonition
imposed.
Multiple Reoffending
Article 44
(1) For a criminal offence which was committed with wrongful intent and which
is punishable by a prison term, the court may impose a more severe punishment than the
punishment provided for by law on condition that:
1) the perpetrator has already been convicted twice or more times for criminal
offences committed with wrongful intent to a prison term of minimum one year, and that
he shows propensity for offending;
2) less than five years passed from his release from service of the previous
punishment to the commission of the new criminal offence.
(2) The more severe punishment may be pronounced for maximum twice the
amount of the punishment provided for by law, and for maximum twenty year prison
term.
(3) In assessing whether to impose a more severe punishment than the
punishment provided for by law, the court shall give due consideration in particular to
the number of prior convictions, any relations between such prior criminal offences,
motives out of which they were committed, circumstances under which the offences were
committed, and the need to impose such punishment in view of the purpose of
punishment to be achieved.
Mitigation of Punishment
Article 45
The court may impose on a perpetrator a punishment below the limit laid down
by law or a lighter punishment provided that: