Article 59. Establishing Punishment in Case of Criminal Recidivism

1. When establishing punishment in case of criminal recidivism, dangerous criminal recidivism, or especially dangerous criminal recidivism, the number, character, and degree of social danger of previous crimes shall be taken into consideration, as well as circumstances by virtue of which correctional impact of the previous punishment turned out to be insufficient, and the character and degree of social danger of newly committed crimes.

2. A term and amount of punishment in case of criminal recidivism may not be less than a one third the maximum term and amount of the strictest type of punishment stipulated for a given crime, not less than one half in cases of dangerous criminal recidivism, and not less than two-thirds in case of especially dangerous criminal recidivism.

3. If an article (a part of an article) of the Special Part of the present Code contains an reference to a former conviction of a person who committed a crime as a qualifying attribute, as well as if there are exceptional circumstances stipulated by Article 55 of the present Code, then punishment in cases of criminal recidivism, dangerous criminal recidivism, or especially dangerous criminal recidivism, shall be established without taking into consideration of the rules stipulated by the second part of this Article.