GENERAL PART
CHAPTER V
GROUNDS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY
Active Repentance
Section 29
(3) Subsections (1)-(2) shall not apply if the perpetrator:
a) is a repeat offender or a habitual recidivist;
GENERAL PART
CHAPTER VII
PENALTIES
Release on Parole from Fixed-Term Imprisonment
Section 38
(4) The following may not be released on parole:
a) repeat offenders, if their term of imprisonment is to be carried out in a penitentiary;
b) repeat offenders with a history of violence;
GENERAL PART
CHAPTER VII
PENALTIES
Release on Parole from Life Imprisonment
Section 44
(2) The possibility of parole shall be denied if the perpetrator:
a) is a repeat offender with a history of violence; or
GENERAL PART
CHAPTER VIII
MEASURES
Conditional Sentence
Section 65
(2) The following may not be released on probation:
a) recidivists;
b) persons sentenced for crimes committed in the framework of a criminal organization;
c) any person who has committed a criminal offense intentionally after having been sentenced
to an executable term of imprisonment and before having finished serving his sentence; or
d) any person who has committed a criminal offense intentionally while on probation as a result
of suspension of a prison sentence.
GENERAL PART
CHAPTER IX
SENTENCING
Provisions Relating to Habitual and Repeat Offenders, and Repeat Offenders with a History of Violence
Section 89
(1) In respect of habitual and repeat offenders - unless this Act provides otherwise - the maximum penalty applicable to another criminal offense committed shall increase by half in the case of imprisonment, however, it may not exceed twenty-five years. In respect of cumulative sentences and in respect of the waiver of the right to trial, the penalty set out in Subsection (3) of Section 81 and in Subsections (1)-(2) of Section 83, respectively, shall be increased by one half.
(2) The punishment of habitual and repeat offenders may be reduced on the basis of Subsection
(1) of Section 82 only in cases deserving special consideration.
(3) The more severe legal consequences set out in Subsection (1) shall not apply if the Special Part of this Act prescribes sentencing for habitual recidivists to consider such as an aggravating circumstance.
Section 90
(1) Subsection (4) of Section 33 shall not apply to repeat offenders with a history of violence.
(2) The minimum sentence for violent crimes against the person, if committed by repeat offenders with a history of violence and if carrying a higher sentence, the maximum penalty prescribed for such crimes, if punishable by imprisonment, shall be doubled. If the maximum penalty increased as per the above would exceed twenty years, or if either of the said offenses carry a maximum sentence of life imprisonment, the perpetrator in question must be sentenced to life imprisonment.
(3) The punishment of repeat offenders with a history of violence:
a) shall not be reduced under Subsection (1) of Section 82;
b) may be reduced without limitation where this is permitted under the General Part of this Act.
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.