PART I. GENERAL PROVISIONS
Chapter X Repeated Convictions
(Recidivist Offenses)
Article 56 (1) If a person sentenced to imprisonment, reoffends within five years from the day on which the authorities have finished executing that sentence or the person was granted a discharge from its execution, and the person is sentenced to a definite term of imprisonment, this crime constitutes a recidivist offense.
(2) The preceding paragraph also applies if a person sentenced to the death penalty for a crime for which imprisonment is prescribed as an alternative punishment commits a crime again within five years from the day on which the person was granted a discharge from the execution of that sentence or, from the day on which the authorities have finished executing the reduced sentence imposed after the death penalty was reduced to imprisonment, and the person is to be sentenced to a definite term of imprisonment.
(3) If a person has been sentenced to consolidated punishment for crimes in which one of the crimes was punishable by imprisonment, but was not sentenced to imprisonment because the crime that was punishable by imprisonment was not the severest, the person is deemed to have been sentenced to imprisonment as regards to the application of provisions related to a recidivist offense.
(Increased Weight of Recidivist Offenses)
Article 57 The maximum term of punishment for a recidivist offense is to be less than twice the maximum term of imprisonment prescribed for the crime in question.
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.