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

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

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More information about the keyword 'Recidivism of criminal offences'
More information about the document 'Moldova - 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

Chapter II
CRIME

Article 34. Recidivism

(1) Recidivism shall be considered the deliberate commission of one or several crimes by a person with a criminal history of crimes committed with intent.

(2) Recidivism shall be considered dangerous if

a) a person previously sentenced twice to imprisonment for intentional crimes repeatedly committed a crime with intent ;
b) a person previously convicted of an intentional serious or extremely serious crime repeatedly committed with intent a serious or an extremely serious crime.

(3) Recidivism shall be considered extremely dangerous if

a) a person previously sentenced to imprisonment three or more times for crimes committed with intent repeatedly committed a crime with intent ;
b) a person previously convicted of an exceptionally serious crime repeatedly committed an extremely serious crime or an exceptionally serious crime.

(4) Upon determination of recidivism as per paragraphs (1)-(3), the final conviction and sentences issued abroad and recognized by the court of the Republic of Moldova shall be considered.

(5) A determination of recidivism shall be made without taking into account criminal history :

a) for crimes committed during the juvenile period ;
b) for crimes committed by imprudence ;
c) for acts that are not crimes hereunder ;
d) which expired, or in the case of rehabilitation, according to art. 111 and 112 ;
e) if the person was convicted with a conditional suspension of punishment.

GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 82. Application of Punishment for Recidivism

(1) The punishment for recidivism, dangerous recidivism, and extremely dangerous recidivism shall be applied with due consideration of the number, nature, seriousness, and consequences of previously committed crimes, the circumstances due to which previous punishment was insufficient for the rehabilitation of the guilty person, as well as the nature, seriousness, and consequences of the new crime.

(2) The punishment for recidivism may not be less than half, for serious recidivism it shall be at least two thirds and for extremely serious recidivism at least three fourths of the maximum term of the most severe punishment set by the corresponding article of the Special Part of this Code.