Georgia

The Criminal Code of Georgia

GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER XI. SENTENCING

Article 58. Awarding Sentence in Case of Recidivism
1. In case of awarding a sentence for recidivism, dangerous recidivism or especially dangerous recidivism, consideration shall be given to the quantity and gravity of previously committed crimes, circumstances due to which the precautionary effect of the previously awarded sentences proved to be insufficient, as well as the gravity of the newly perpetrated crime.
2. The term of the sentence in case of recidivism shall in no way fall short of the half of the maximum term of the most severe punishment prescribed for perpetrated crime under the relevant article or part of the article of this Code, in case of dangerous recidivism - two thirds, in case of especially dangerous recidivism - three fourths.
3. If the article or part of the article of the Special Part of this Code refers to the previous conviction as the qualifying sign of the crime, as well as in case of special extenuating circumstances prescribed under Article 55 of this Code, when awarding a sentence for recidivism, dangerous recidivism or especially dangerous recidivism, the rule prescribed in Paragraph 2 of this article shall not be applied.

Keywords

Recidivism of criminal offences



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