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CAP. 9.]
CRIMINAL CODE
shall be liable to the punishment for the completed offence object
of the conspiracy with a decrease of two or three degrees.
(4) For the purposes of subarticle (3), in the determination of
the punishment for the completed offence object of the conspiracy
account shall be had of any circumstances aggravating that offence.
TITLE V
OF RECIDIVISTS
Definition of
recidivist.
Amended by:
IV. 1856.8;
XI. 1900.14;
XXXI. 2007.6.
Substituted by:
XXIV. 2014.8.
49. (1) A person is deemed to be a recidivist if, after being
sentenced for any offence by a judgement, even when delivered by
a foreign court, which has become res judicata, he commits another
offence.
(2) In any proceedings under or for the purposes of this article,
a document, duly authenticated, which certifies that a person was
convicted on a date specified in the document of an offence against
the law of that State, or part of that State, shall be admissible as
evidence of the fact and date of the conviction without any need for
further evidence.
(3) A document shall be deemed to be duly authenticated if one
of the following conditions applies:
(a) it purports to be signed by a judge, magistrate or
officer of the sentencing State; or
(b) it purports to be certified, whether by seal or
otherwise, by the Ministry, department or other
authority responsible for justice or for foreign affairs
of the sentencing State; or
(c) it purports to be authenticated by the oath, declaration
or affirmation of a witness.
(4) Any document which is to be sent in connection with
proceedings under this article may be transmitted by any secure
means capable of producing written records and under conditions
permitting the ascertainment of its authenticity.
(5) In this article, "oath" includes an affirmation or a
declaration; and nothing in this article shall be construed as
prejudicing the admission in evidence of any document which is
admissible in evidence under any other provision of law.
Effect of previous
conviction for
crime.
Amended by:
XI.1900.14.
50. Where a person sentenced for a crime shall, within ten
years from the date of the expiration or remission of the
punishment, if the term of such punishment be over five years, or
within five years, in all other cases, commit another crime, he may
be sentenced to a punishment higher by one degree than the
punishment established for such other crime.