Spans in 'Georgia - Criminal Code' tagged with 'Recidivism of criminal offences'

'Recidivism of criminal offences' in document 'Georgia - Criminal Code'

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More information about the keyword 'Recidivism of criminal offences'
More information about the document 'Georgia - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION TWO. CRIME

CHAPTER IV. TYPES OF INTEGRAL CRIME

Article 17. Recidivism
1. Recidivism shall mean return to the crime of aforethought by the person previously convicted of crime of aforethought.
2. Dangerous recidivism shall be:
a) return to the crime of aforethought punishable by imprisonment by the wrongdoer who has at leas twice been previously convicted of crime of aforethought;
b) return to grave crime of aforethought by the one who has previously been convicted of grave crime of aforethought.
3. Especially dangerous recidivism shall mean :
a) return to the crime of aforethought punishable by imprisonment by the one who has three or more times been previously convicted of misdemeanor of aforethought or grave crime of aforethought;
b) return to the grave crime of aforethought by the one who has at least twice been previously convicted of grave crime of aforethought or who has been convicted of especially grave crime of aforethought; c) return to especially grave crime of aforethought by the one who has been previously convicted of grave or especially grave crime of aforethought.

GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER XI. SENTENCING

Article 58. Awarding Sentence in Case of Recidivism
1. In case of awarding a sentence for recidivism, dangerous recidivism or especially dangerous recidivism, consideration shall be given to the quantity and gravity of previously committed crimes, circumstances due to which the precautionary effect of the previously awarded sentences proved to be insufficient, as well as the gravity of the newly perpetrated crime.
2. The term of the sentence in case of recidivism shall in no way fall short of the half of the maximum term of the most severe punishment prescribed for perpetrated crime under the relevant article or part of the article of this Code, in case of dangerous recidivism - two thirds, in case of especially dangerous recidivism - three fourths.
3. If the article or part of the article of the Special Part of this Code refers to the previous conviction as the qualifying sign of the crime, as well as in case of special extenuating circumstances prescribed under Article 55 of this Code, when awarding a sentence for recidivism, dangerous recidivism or especially dangerous recidivism, the rule prescribed in Paragraph 2 of this article shall not be applied.