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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER VIII. Relapse into crime

Article 64. §1. If a perpetrator sentenced to the penalty of deprivation of liberty for an offence
committed with intent, during the 5 year period after having served at least 6 months of the penalty,
commits an intentional offence similar to the offence for which he had been sentenced, the court may
impose the penalty of deprivation of liberty, prescribed for the offence committed, within the statutory
limits, up to the highest statutory penalty further increased by a half.

§2. If a perpetrator previously sentenced in under the conditions specified in §1, who has served
the total of at least one year's deprivation of liberty and in the period of 5 years after the serving of the last penalty in full or in part, again commits an intentional offence against life or health, or rape, robbery, housebreaking or burglary, or other offence against property, committed with the use of violence or the threat of violence, the court shall impose the penalty of deprivation of liberty, prescribed for the offence committed, exceeding the lower statutory limit, or may impose a penalty up to the highest statutory penalty further increased by a half.

§ 3. The raising of the highest statutory penalty under § 1 or 2 shall not be applied to crimes.