Title Three
Penalties
CHAPTER FOUR
Application of Penalties
SECTION TWO
Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency
ARTICLE 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency.
— Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules :
5. Habitual delinquency shall have the following effects :
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prisión correccional in its medium and maximum periods ;
(b) Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor in its minimum and medium periods ; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor in its maximum period to reclusión temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes robo, hurto, estafa, or falsificacion, he is found guilty of any of said crimes a third time or oftener.
Recidivism of criminal offences
EDIT.