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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIME

CHAPTER FOUR
PERSONS SUBJECT TO CRIMINAL LIABILITY

Article 24. Recidivist

24.1.A court shall recognize the following persons recidivist :

24.1.1. persons who were sentenced to imprisonment for committing a serious crime during the service of the penalty or afterwards who previously committed crime and were sentenced to imprisonment twice ;
24.1.2. persons who were sentenced to imprisonment for committing a grave crime again during the service of the penalty or afterwards who previously committed a serious or grave crime and were sentenced to imprisonment ;
24.1.3. persons who were not previously sentenced to imprisonment who have been sentenced to imprisonment for committing repeatedly a grave crime ;
24.1.3. persons who have been sentenced to imprisonment for committing a crime who are members of the group specified in Article 36.5 of this Code.

24.2. Grounds for recognizing a recidivist shall not apply to the crimes committed when under the legal age, crimes with respect of which the person concerned has been expunged or has been considered as having no criminal record.

24.3. The norm of the Special Part of this Code specifying the fact of committing a crime by a recidivist as an aggravating circumstance shall apply to the cases where the person concerned has been recognized recidivist before committing such a crime in the grounds and procedures set in law.

24.4. A court shall specify in the sentencing judgment the reasons for recognizing the person concerned a recidivist.

24.5. Recognizing as a recidivist shall lose its effect at the moment the person concerned is considered as having no criminal record.