Hungary

Criminal Code

GENERAL PART
Aim of the Criminal Code

Chapter V
Infliction of Punishment

Provisions Relating to Special and Multiple Recidivists

Section 97

(1) In respect of special and multiple recidivists - unless the law otherwise provides - the upper limit of the item of punishment of a new act of crime shall increase by half in case of imprisonment, but it may not exceed fifteen years. In respect of cumulative sentences and in respect of waiver of right to trial, the term of punishment set forth in Subsection (2) of Section 85 and in Section 87/C, respectively, shall be increased by one-half.

(2) The punishment may be mitigated on the basis of Section 87, subsection (2) only in a case deserving special appreciation.

(3) The more severe legal consequences set forth in Subsection (1) shall not be applied if the Special Division of this Act prescribes sentencing for qualified recidivists to consider such as an aggravating circumstance.

Keywords

Recidivism of criminal offences



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