Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION II. CRIME

CHAPTER 3. Concept and Classification of Crimes

Article 21 . Repeated Relapse into Crime. Recidivism.

(1) Repeated relapse into crime means commission of a new intentional crime by a person who has been sentenced before for an intentionally committed crime.

(2) Repeated relapse into crime is considered to be dangerous :

a) when committing an intentional crime, for which a person is sentenced to imprisonment if the person has been convicted to deprivation of freedom before not less than twice for an intentional crime ;
b) when committing a felony if a person has been already sentenced to imprisonment for a felony or an especially grievous crime ;
c) when committing an especially grievous crime if a person has been sentenced to imprisonment before for a felony.

(3) Recidivism is deemed to be especially dangerous :

a) when committing an intentional crime by a person who is sentenced to imprisonment if the person has been convicted to deprivation of freedom before not less than three times for a misdemeanor, felony or an especially grievous crime ;
b) when committing a felony by a person who is sentenced to imprisonment if this person has been condemned to deprivation of liberty before twice for a felony ;
c) when committing an especially grievous crime by a person who has been sentenced before for an especially grievous crime or has been convicted twice for a felony.

(4) Criminal record for a crime committed at the age under 18 years old as well as criminal records canceled or quashed according to the order stipulated by Article 86 of the present Code are not taken into account when determining repeated relapse into crime.

(5) Recidivism of crimes entails a stricter penalty on the basis and in the limits provided for by the present Code.

Keywords

Recidivism of criminal offences



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