General provision
SECTION II
CRIME
CHAPTER 3
CONCEPT OF THE CRIME AND CLASSIFICATION OF CRIMES
Article 18. Relapse of crimes and its kinds
18.1. Relapse of crimes shall be deliberate committing of crime by the person, who has been convicted before for earlier deliberate committed of crime.
18.2. Relapse of crimes shall be admitted as dangerous :
18.2.1. at committing of a deliberate crime by the person for which he is condemned to imprisonment if earlier this person was condemned to imprisonment for a deliberate crime twice ;
18.2.2. at committing of deliberate serious crime by the person, if earlier he was condemned for deliberate serious crime.
18.3. Relapse of crimes shall be admitted as especially serious :
18.3.1. at committing of a deliberate crime by the person for which he is condemned to imprisonment not less than three times, irrespective of a sequence, and for deliberate less serious crime or deliberate serious crime ;
18.3.2. at committing of deliberate serious crime by the person, if earlier he was condemned to imprisonment two times for committing of deliberate serious crime or once for committing especially serious crime ;
18.3.3. at committing serious crime by the person, if earlier he was condemned to imprisonment for committing deliberate minor serious or serious crimes.
18.4. The convictions, removed or extinguished in the order, provided by article 83 of the present Code, and also a previous conviction for the crimes, committed by the person at the 18, shall not be taken into account at recognition as relapse of crimes.
18.5. Relapse of crimes attracts more strict punishment on the grounds and on the limits, which are provided by the present Code.
General provision
SECTION III
ABOUT PUNISHMENT
CHAPTER 10
ASSIGNMENT OF PUNISHMENT
Article 65. Assignment of punishment at relapse of crimes
65.1. At assignment of punishment at a relapse, dangerous relapse and especially dangerous relapse of crimes the number, nature, size and consequences of committed crimes, circumstances by virtue of which corrective influence of a previous punishment appeared insufficient, and also nature, size and consequences of again committed crime shall be taken into account.
65.2. Term of punishment at relapse of crimes can not be lower than half, at dangerous relapse of crimes - not less than two thirds, and at especially dangerous relapse of crimes - not less than three quarters of a limit of a most strict kind of the punishment, provided for a committed crime in appropriate article of the Especial part of present code.
65.3. If article of the Especial part of the present Code contains the indication on a previous conviction of the person, who have committed a crime as on qualifying attribute, and also at presence of the exclusive circumstances provided by article 62 of the present Code, punishment at the relapse, dangerous relapse or especially dangerous relapse of crimes is appointed without taking into account the rules provided by article 65.2 of the present Code.
''SECTION II. CRIME CHAPTER 3. CONCEPT OF THE CRIME AND CLASSIFICATION OF CRIMES Article 18. Relapse of crimes and its kinds''
18.1. Relapse of crimes shall be deliberate committing of crime by the person, who has been convicted before for earlier deliberate committed of crime.
''SECTION II. CRIME CHAPTER 3. CONCEPT OF THE CRIME AND CLASSIFICATION OF CRIMES Article 18. Relapse of crimes and its kinds
18.5. Relapse of crimes attracts more strict punishment on the grounds and on the limits, which are provided by the present Code. (, , ).
''Section III. About punishment Chapter 10. Assignment of punishment Article 65. Assignment of punishment at relapse of crimes''
65.1. At assignment of punishment at a relapse, dangerous relapse and especially dangerous relapse of crimes the number, nature, size and consequences of committed crimes, circumstances by virtue of which corrective influence of a previous punishment appeared insufficient, and also nature, size and consequences of again committed crime shall be taken into account.
65.2. Term of punishment at relapse of crimes can not be lower than half, at dangerous relapse of crimes - not less than two thirds, and at especially dangerous relapse of crimes - not less than three quarters of a limit of a most strict kind of the punishment, provided for a committed crime in appropriate article of the Special Part of present code.
65.3. If article of the Special part of the present Code contains the indication on a previous conviction of the person, who have committed a crime as on qualifying attribute, and also at presence of the exclusive circumstances provided by article 62 of the present Code, punishment at the relapse, dangerous relapse or especially dangerous relapse of crimes is appointed without taking into account the rules provided by article 65.2 of the present Code.().
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.