General Part

Section 2.

Crime.

Chapter 3.

The notion and types of crime.

Article 22. Recidivism.

1. The committal of a willful crime by the person who had a criminal record in the past for a willful crime, is considered recidivism.

2. Recidivism is considered dangerous:
1) in the case of a willfully committed crime, if the person had been previously sentenced to imprisonment for willful crime no less than twice;
2) in the case of committal of a grave crime, if the person had been previously sentenced to imprisonment for the committal of a grave or particularly grave crime.

3. Repeated crime is considered particularly dangerous:
1) in the case of committal of such a crime for which he is sentenced to imprisonment, if, in the past, the person had been sentenced to imprisonment no less than thrice, in any sequence, for willful medium-gravity crimes, for grave or particularly grave crimes;
2) in the case of committal of a grave crime for which he is sentenced to imprisonment, if in the past the person had been sentenced to imprisonment twice for grave or particularly grave crimes.
3) In the case of committal of a particularly grave crime by the person, if in the past the person had been convicted for a grave or particularly grave crime.

4. The crime for which the criminal record has been quashed by procedure established in this Code, as well as the crime committed before the age of 18, is not taken into account when determining recidivism.