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.
GENERAL PART
SECTION III. Sentence
CHAPTER 10. Imposition of Sentence
Article 66. Sentencing for Repeated Relapse Into Crime (Recidivism)
(1) The number, character and degree of public danger of the crimes committed before, circumstances due to which the correctional influence of the previous sentence was not sufficient, as well as the character and degree of public danger of newly committed crimes are considered while sentencing for recidivism, dangerous recidivism and especially dangerous recidivism.
(2) The term of sentence for recidivism cannot be less than a half of the maximum term of the most strict type of sentence provided for the crime committed, for dangerous recidivism - not less than 2/3, for especially dangerous recidivism - not less than 3/4 of the maximum term of the most strict type of sentence provided for the crime committed.
(3) If an article (part of an article) of the Special Part of the present Code contains an indication of criminal record of a person who committed a crime as qualifying element, as well as when having the exceptional circumstances provided for by Article 64 of the present Code, the sentence for recidivism, dangerous recidivism and especially dangerous recidivism is imposed not taking into account rules specified by the present article, part 2.
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.