BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE V
OF RECIDIVISTS

49. A person is deemed to be a recidivist, if, after being sentenced for any offence by a judgment which has become absolute, he commits another offence:
Provided that the court may, in determining the punishment, take into account a judgment delivered by a foreign court which has become absolute.

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.

51. Where, however, a person, while undergoing a punishment for life and restrictive of personal liberty, commits another crime subject to a lesser punishment, he shall be liable to one or more terms of solitary confinement.

52. For the purposes of the provisions contained in the foregoing articles of this Title, any sentence in respect of any crime committed through imprudence or negligence, or through unskilfulness in the exercise of any art or profession, or through non-observance of regulations, shall not be taken into account in awarding punishment for any other crime, and vice versa.

53. Where a person sentenced for a contravention shall, within three months from the date of the expiration or remission of the punishment, commit another contravention, he may be sentenced to detention for a term not exceeding two months, or to a fine (multa), or to imprisonment for a term not exceeding one month.

54. A person sentenced shall continue to be considered as such for the purpose of the provisions concerning recidivists notwithstanding any pardon commuting the punishment lawfully awarded to him.