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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General provision

SECTION II
CRIME

CHAPTER 3
CONCEPT OF THE CRIME AND CLASSIFICATION OF CRIMES

Article 18. Relapse of crimes and its kinds

18.1. Relapse of crimes shall be deliberate committing of crime by the person, who has been convicted before for earlier deliberate committed of crime.

18.2. Relapse of crimes shall be admitted as dangerous :

18.2.1. at committing of a deliberate crime by the person for which he is condemned to imprisonment if earlier this person was condemned to imprisonment for a deliberate crime twice ;
18.2.2. at committing of deliberate serious crime by the person, if earlier he was condemned for deliberate serious crime.

18.3. Relapse of crimes shall be admitted as especially serious :

18.3.1. at committing of a deliberate crime by the person for which he is condemned to imprisonment not less than three times, irrespective of a sequence, and for deliberate less serious crime or deliberate serious crime ;
18.3.2. at committing of deliberate serious crime by the person, if earlier he was condemned to imprisonment two times for committing of deliberate serious crime or once for committing especially serious crime ;
18.3.3. at committing serious crime by the person, if earlier he was condemned to imprisonment for committing deliberate minor serious or serious crimes.

18.4. The convictions, removed or extinguished in the order, provided by article 83 of the present Code, and also a previous conviction for the crimes, committed by the person at the 18, shall not be taken into account at recognition as relapse of crimes.

18.5. Relapse of crimes attracts more strict punishment on the grounds and on the limits, which are provided by the present Code.

General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 10
ASSIGNMENT OF PUNISHMENT

Article 65. Assignment of punishment at relapse of crimes

65.1. At assignment of punishment at a relapse, dangerous relapse and especially dangerous relapse of crimes the number, nature, size and consequences of committed crimes, circumstances by virtue of which corrective influence of a previous punishment appeared insufficient, and also nature, size and consequences of again committed crime shall be taken into account.

65.2. Term of punishment at relapse of crimes can not be lower than half, at dangerous relapse of crimes - not less than two thirds, and at especially dangerous relapse of crimes - not less than three quarters of a limit of a most strict kind of the punishment, provided for a committed crime in appropriate article of the Especial part of present code.

65.3. If article of the Especial part of the present Code contains the indication on a previous conviction of the person, who have committed a crime as on qualifying attribute, and also at presence of the exclusive circumstances provided by article 62 of the present Code, punishment at the relapse, dangerous relapse or especially dangerous relapse of crimes is appointed without taking into account the rules provided by article 65.2 of the present Code.