Russian Federation

The Criminal Code of the Russian Federation

General Part

Section II. Crime

Chapter 3. The Concept of Crime and the Types of Crimes

Article 18. Recidivism

1. The committing of an intentional crime by a person who has a record of conviction for an intentional crime committed earlier shall be classified as the recidivism of crimes.

2. The recidivism of crimes shall be classified as a dangerous crime in the following cases:
• a) when a person has committed a grave crime, for which he is sentenced to a real deprivation of liberty, if earlier this person has been sentenced twice or more times to deprivation of liberty for intentional medium gravity crimes;
b) when a person has committed an intentional grave crime, if he has been earlier convicted for a grave or especially grave crime to real deprivation of liberty.

3. Recidivism shall be deemed especially dangerous:
• a) when a person has committed a grave crime, for which he is sentenced to a real deprivation of liberty, if earlier this person has been convicted twice and sentenced to real deprivation of liberty for a grave crime;
b) when a person has committed an especially grave crime, if earlier he has been convicted twice for grave crimes or has been convicted for an especially grave crime.

4. When recognizing the recidivism of crime, the following shall not be taken into account:
• a) convictions for intentional crimes of little gravity;
b) convictions for crimes committed by a person of the age of less than 18 years;
c) convictions for crimes for which sentences have been recognized as suspended or for which a respite has been granted, if the suspended sentence or the respite have not been reversed and the person has not been sent for serving a sentence to institutions of confinement, as well as convictions quashed or struck from the criminal record in the procedure established by Article 86 of this Code.

5. Recidivism shall involve a stricter punishment on the basis of, and within the limits, envisaged by this Code .

Keywords

Recidivism of criminal offences



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