GENERAL PART
Chapter II
CRIME
Article 34. Recidivism
(1) Recidivism shall be considered the deliberate commission of one or several crimes by a person with a criminal history of crimes committed with intent.
(2) Recidivism shall be considered dangerous if
a) a person previously sentenced twice to imprisonment for intentional crimes repeatedly committed a crime with intent ;
b) a person previously convicted of an intentional serious or extremely serious crime repeatedly committed with intent a serious or an extremely serious crime.
(3) Recidivism shall be considered extremely dangerous if
a) a person previously sentenced to imprisonment three or more times for crimes committed with intent repeatedly committed a crime with intent ;
b) a person previously convicted of an exceptionally serious crime repeatedly committed an extremely serious crime or an exceptionally serious crime.
(4) Upon determination of recidivism as per paragraphs (1)-(3), the final conviction and sentences issued abroad and recognized by the court of the Republic of Moldova shall be considered.
(5) A determination of recidivism shall be made without taking into account criminal history :
a) for crimes committed during the juvenile period ;
b) for crimes committed by imprudence ;
c) for acts that are not crimes hereunder ;
d) which expired, or in the case of rehabilitation, according to art. 111 and 112 ;
e) if the person was convicted with a conditional suspension of punishment.
GENERAL PART
Chapter VIII
SPECIFYING PUNISHMENTS
Article 82. Application of Punishment for Recidivism
(1) The punishment for recidivism, dangerous recidivism, and extremely dangerous recidivism shall be applied with due consideration of the number, nature, seriousness, and consequences of previously committed crimes, the circumstances due to which previous punishment was insufficient for the rehabilitation of the guilty person, as well as the nature, seriousness, and consequences of the new crime.
(2) The punishment for recidivism may not be less than half, for serious recidivism it shall be at least two thirds and for extremely serious recidivism at least three fourths of the maximum term of the most severe punishment set by the corresponding article of the Special Part of this 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.