General Part
Section 2.
Crime.
Chapter 3.
The notion and types of crime.
Article 22. Recidivism.
1. The committal of a willful crime by the person who had a criminal record in the past for a willful crime, is considered recidivism.
2. Recidivism is considered dangerous:
1) in the case of a willfully committed crime, if the person had been previously sentenced to imprisonment for willful crime no less than twice;
2) in the case of committal of a grave crime, if the person had been previously sentenced to imprisonment for the committal of a grave or particularly grave crime.
3. Repeated crime is considered particularly dangerous:
1) in the case of committal of such a crime for which he is sentenced to imprisonment, if, in the past, the person had been sentenced to imprisonment no less than thrice, in any sequence, for willful medium-gravity crimes, for grave or particularly grave crimes;
2) in the case of committal of a grave crime for which he is sentenced to imprisonment, if in the past the person had been sentenced to imprisonment twice for grave or particularly grave crimes.
3) In the case of committal of a particularly grave crime by the person, if in the past the person had been convicted for a grave or particularly grave crime.
4. The crime for which the criminal record has been quashed by procedure established in this Code, as well as the crime committed before the age of 18, is not taken into account when determining recidivism.
Article 54. Recidivism
1. The committal of an intentional criminal offence by a person who has had a conviction for an intentional crime in the past is considered as recidivism.
2. When assessing the recidivism, the following convictions shall not be taken into consideration:
1) has been cancelled as prescribed by the law;
2) as a result of crimes committed before the person has attained the age of 18; 3) resulting from imposition of punishment not related to deprivation of liberty.
Article 76. Imposition of Punishment in Case of Recidivism
1. When imposing punishment in case of recidivism, the quantity, nature and gravity of committed criminal offences, the circumstances due to which the punishment imposed previously has not proved sufficient for the re-socialization of the person, as well as the nature, gravity and consequences of the new criminal offence shall be taken into account.
2. If a person who has previously served a sentence or is currently serving a sentence in the form of imprisonment or life imprisonment for commission of intentional criminal offence and has a conviction, commits an intentional crime for which he/she is being sentenced to imprisonment, then the minimum term of the imposed punishment may not be less than the two-thirds of the maximum term of the punishment in the form of imprisonment provided for by the sanction of the relevant article of the Special Part of this Code. In any event, the imposed punishment may not be less than the minimum term of imprisonment established by sanctions of the relevant Article of the Special Part of this Code.
3. If a person who has previously served a sentence or is currently serving a sentence in the form of imprisonment or life imprisonment for commission of intentional crime and has a conviction, commits an intentional grave or particularly grave criminal offence, the minimum term of the imposed punishment shall be determined according to the rule of Part 2 of this Article and the maximum term of the punishment shall be considered the term, which exceeds the maximum term of imprisonment established by law for the given crime by one third of that term, however not more than 25 years.
4. If a person who has previously served or is currently serving a sentence in the form of imprisonment or life imprisonment for commission of an intentional crime and has a conviction, commits more than one criminal offences, than the punishment for each intentional criminal offence included in the combination of crimes shall be determined according to the rules stipulated by Part 2 or 3 of this Article. In that case, the final punishment in the form of imprisonment for the combination of crimes may not exceed 30 years.
5. Rules provided for in Parts 2 and 3 of this Article may not prevent from imposing a punishment milder than envisaged by law. In that case, a punishment envisaged by law shall be deemed to be the punishment which corresponds to the punishment calculated as a result of applying the procedure set for the imposition of punishment for recidivism.
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.