BOOK I
GENERAL PART
TITLE III
JURIDICAL CONSEQUENCES OF THE ACT
CHAPTER IV
CHOICE AND DETERMINATION OF PENALTIES
SECTION II
RECIDIVISM
Article 75
Prerequisites
1- Whoever commits a crime of intent by himself or under any form of participation which should be punished with effective imprisonment superior to 6 months, and who after having been sentenced to an effective imprisonment penalty by a definitive decision, is punished as recidivist, if, according to the circumstances of the case, the agent should be blamed for the fact that the previous sentence or sentences didn’t serve as a sufficient warning against crime.
2- The previous crime for which the agent has been sentenced does not count for recidivism if, between its perpetration and that of the next crime, more than 5 years have elapsed; the time during which the agent has been subjected to a custodial procedure measure, penalty or security measure is not counted for that time-limit.
3- Sentences passed by foreign courts count for recidivism as stated in the above numbers, provided that the act constitutes a crime under Portuguese law.
4- Penalty prescription, amnesty, generic pardon and indult do not hinder the verification of recidivism.
Article 76
Effects
1- In case of recidivism, the minimum limit of the applicable penalty is increased by one third and the maximum limit remains unchanged. The Aggravation shall not exceed the measure of the most severe penalty applied in the previous sentences.
2- The rules concerning the relatively indeterminate sentence, when applicable, prevail over the rules for punishing recidivism.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.