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10.25.2010

article 65 - draft amendment

Article 65. (Ordinary recidivism) An offender who has been sentenced to a punishment of not less than fixed-term imprisonment and who, within five years after his punishment has been completely executed or he has received a pardon,commits another crime for which he should be sentenced to a punishment of not less than a fixed-term imprisonment is a recidivist and shall be given a heavier punishment.

However, negligent commission of a crime and crimes committed by those who have not reached eighteen years of are are exceptions.
In situations where a criminal element is granted a parole, the period stipulated in the preceding paragraph is to be counted as commencing on the date of expiration of the parole.

Article 65. A criminal element who has been sentenced to a punishment of not less than fixed-term imprisonment and who, within five years after his punishment has been completely executed or he has received a pardon,commits another crime for which he should be sentenced to a punishment of not less than a fixed-term imprisonment is a recidivist and shall be given a heavier punishment.

However, negligent commission of a crime is an exception.
In situations where a criminal element is granted a parole, the period stipulated in the preceding paragraph is to be counted as commencing on the date of expiration of the parole



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