GENERAL PART

SECTION II. CRIME

CHAPTER 3. Concept and Classification of Crimes

Article 21 . Repeated Relapse into Crime. Recidivism.

(1) Repeated relapse into crime means commission of a new intentional crime by a person who has been sentenced before for an intentionally committed crime.

(2) Repeated relapse into crime is considered to be dangerous :

a) when committing an intentional crime, for which a person is sentenced to imprisonment if the person has been convicted to deprivation of freedom before not less than twice for an intentional crime ;
b) when committing a felony if a person has been already sentenced to imprisonment for a felony or an especially grievous crime ;
c) when committing an especially grievous crime if a person has been sentenced to imprisonment before for a felony.

(3) Recidivism is deemed to be especially dangerous :

a) when committing an intentional crime by a person who is sentenced to imprisonment if the person has been convicted to deprivation of freedom before not less than three times for a misdemeanor, felony or an especially grievous crime ;
b) when committing a felony by a person who is sentenced to imprisonment if this person has been condemned to deprivation of liberty before twice for a felony ;
c) when committing an especially grievous crime by a person who has been sentenced before for an especially grievous crime or has been convicted twice for a felony.

(4) Criminal record for a crime committed at the age under 18 years old as well as criminal records canceled or quashed according to the order stipulated by Article 86 of the present Code are not taken into account when determining repeated relapse into crime.

(5) Recidivism of crimes entails a stricter penalty on the basis and in the limits provided for by the present Code.

GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 66. Sentencing for Repeated Relapse Into Crime (Recidivism)

(1) The number, character and degree of public danger of the crimes committed before, circumstances due to which the correctional influence of the previous sentence was not sufficient, as well as the character and degree of public danger of newly committed crimes are considered while sentencing for recidivism, dangerous recidivism and especially dangerous recidivism.

(2) The term of sentence for recidivism cannot be less than a half of the maximum term of the most strict type of sentence provided for the crime committed, for dangerous recidivism - not less than 2/3, for especially dangerous recidivism - not less than 3/4 of the maximum term of the most strict type of sentence provided for the crime committed.

(3) If an article (part of an article) of the Special Part of the present Code contains an indication of criminal record of a person who committed a crime as qualifying element, as well as when having the exceptional circumstances provided for by Article 64 of the present Code, the sentence for recidivism, dangerous recidivism and especially dangerous recidivism is imposed not taking into account rules specified by the present article, part 2.