Conditions Of Repetition In Criminal Law
Conditions of Repetition:
Committing a new offence after the finalisation of the sentence for a previous offence
In order for the provisions of repetition to be applied, the person must have committed a previous offence
must commit a new offence after the finalisation of the judgement against him/her.
The finalised judgement for the previous offence must be a criminal conviction. In other words, imprisonment
or a judicial fine. Article 58 paragraph 2 shall apply to imprisonment and judicial fine
it is understood that the previous conviction must have been a criminal conviction. Only
A conviction to security measures does not result in the application of the provisions on recidivism. This is both in return for the offence
as well as the security measures imposed pursuant to Article 223 and the short-term imprisonment sentences
measures.
The finalisation of the previous criminal conviction is sufficient for the application of the provisions on repetition
The sentence does not have to have been served. Execution of the sentence is only a condition for
is of importance in terms of the commencement of the proceedings.
Since a finalised criminal conviction is required for the application of the provisions on recidivism, general amnesty
since there is no conviction in the case of statute of limitations, waiver of complaint, prepayment
The provisions on repetition shall not apply in relation to the subsequent offence. However, in case of a special amnesty, the statute of limitations
Since there is a conviction, the provisions of repetition shall apply. Execution of sentence in the statute of limitations
Since it is not possible, the repetition periods will not start to run. Postponement of imprisonment in terms of execution
as it has consequences and is a finalised criminal conviction, the provisions of repetition
will be applied. With the amendment, in cases where the act ceases to be an offence, the legal consequences
Since the act that ceases to be an offence automatically ceases to be an offence (Article 7/1 of the Criminal Code), the act that ceases to be an offence is not subject to repetition.
Since the repetition in our Penal Code takes place for punishments that are equivalent to a criminal offence, acts that are not criminal offences and
does not apply to convictions for which there is no corresponding penalty.
If the conviction for the previous offence was given to a person under the age of 18 at the time of committing the offence
Repetition provisions cannot be applied in relation to the offence committed by the persons subsequently. According to paragraph 5 of Article 58
According to paragraph 5 of Article 58, “For offences committed by persons who were under the age of eighteen at the time of committing the offence
the provisions of repetition shall not apply.”
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