Article 17 – Recidivism
1. Recidivism shall mean the commission of an intentional crime by a person who has previously been convicted for an intentional crime.
2. (Deleted).
3. (Deleted).
4. When establishing recidivism, a previous conviction for a crime committed before 18 years of age, and a conviction that has been cancelled or expunged under Article 79 of this Code shall not be taken into account.
5. In the case of recidivism, a stricter punishment may be ordered based on the grounds and within the scope provided for by this Code.
Article 58 – Imposing a sentence in cases of r ecidivism
1. When imposing a fixed term imprisonment for recidivism, the term of a sentence to be served shall exceed, at least by one year, the minimum term of the sentence provided for this crime under the respective article or part of an article of this Code.
2. If an article or part of an article of the Special Part of this Code refers to conviction as an element qualifying the crime, as well as in case of circumstances provided for by Article 55 or 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence for recidivism.
Article 59 – Imposing a sentence in the case of cumulative crimes and cumulative sentences
3. In the case of recidivism, when imposing a final sentence for cumulative crimes, a more severe sentence shall absorb a less lenient sentence or the sentences provided for these crimes shall be added up in part or in full. In the case of recidivism, the term of imprisonment imposed as a final sentence may not exceed 30 years.
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.