GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

Reoffending

Article 43
When fixing punishment for a perpetrator who has reoffended after he has served a punishment, been forgiven a punishment, had his punishment barred by the statute of limitations, or has had his punishment remitted after the deadline for revocation of parole has expired, or after he has been imposed judicial admonition, the court can take this as an aggravating circumstance while at the same time giving due consideration to the seriousness of the prior offence, whether his prior offence is of the same kind as the new one, whether both offences were committed out of the same motives, as well as to the circumstances under which the offences were committed and how much time has passed since the earlier conviction or since the punishment imposed, forgiven or barred by the statute of limitations, since the remission of punishment, expiry of the deadline for revocation of an earlier suspended sentence or since the judicial admonition imposed.

GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

Multiple Reoffending

Article 44
(1) For a criminal offence which was committed with wrongful intent and which is punishable by a prison term, the court may impose a more severe punishment than the punishment provided for by law on condition that :

1) the perpetrator has already been convicted twice or more times for criminal offences committed with wrongful intent to a prison term of minimum one year, and that he shows propensity for offending ;
2) less than five years passed from his release from service of the previous punishment to the commission of the new criminal offence.

(2) The more severe punishment may be pronounced for maximum twice the amount of the punishment provided for by law, and for maximum twenty year prison term.

(3) In assessing whether to impose a more severe punishment than the punishment provided for by law, the court shall give due consideration in particular to the number of prior convictions, any relations between such prior criminal offences, motives out of which they were committed, circumstances under which the offences were committed, and the need to impose such punishment in view of the purpose of punishment to be achieved .