Lithuania

Criminal Code of the Republic of Lithuania

GENERAL PROVISIONS

CHAPTER IV
STAGES AND FORMS OF A CRIMINAL ACT

Article 27. Repeat Offence

1. Repeat offence shall mean a situation when a person already convicted for the commission of a premeditated crime, where his prior conviction has not expired yet or has not been expunged in accordance with the procedure laid down by laws, repeatedly commits one or several premeditated crimes. Such a person shall be considered a repeat offender.

2. Repeat offence shall be considered dangerous, and the offender may be recognised as a dangerous repeat offender by a court where this person :

1) commits a new grave crime while having an unexpired conviction for the commission of a grave crime ;
2) already being a repeat offender, commits a new grave crime ;
3) already being a repeat offender, where at least one of the crimes constituting a repeat offence is a grave crime, commits a new serious crime ;
4) commits a new serious crime while having three prior convictions for the commission of serious crimes.

3. When passing a judgement of conviction for the most recent crime committed, a court may recognise a person as a dangerous repeat offender having regard to the offender's personality, the extent to which criminal intentions have been accomplished, the nature of participation in the commission of the crimes and other circumstances of the case.

4. When deciding on the recognition of a person as a dangerous repeat offender, a court shall have no regard to prior convictions for the crimes committed by the person before the age of 18 years, the crimes committed through negligence, the crimes for which conviction has expired or has been expunged, also the crimes committed abroad for which no liability is provided under criminal laws of the Republic of Lithuania.

5. The recognition of a person as a dangerous repeat offender shall no longer be valid if his prior convictions expire or are expunged.

Keywords

Recidivism of criminal offences



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