Recidivism

If a new offence is committed after the judgment for an earlier offence has become final, the provisions on recidivism apply (TCK 58). The earlier sentence need not have been served.

Time limits

Recidivism does not apply to offences committed after a certain period has passed since the earlier conviction:

• if the earlier sentence was imprisonment of more than 5 years, 5 years from the date the sentence was served,
• if the earlier sentence was imprisonment of 5 years or less or a judicial fine, 3 years from the date the sentence was served.

Consequences

• If the law provides imprisonment and a judicial fine as alternatives for the later offence, imprisonment is imposed.
• The sentence is served under the enforcement regime for repeat offenders, and a probation measure applies after the sentence has been served.
• These consequences are stated separately in the conviction.

Where it does not apply

• Recidivism does not apply between intentional and negligent offences, or between purely military offences and other offences.
• The provisions on recidivism do not apply to people who committed the offence before the age of 18.
• As a rule, judgments of foreign courts do not count towards recidivism. Intentional killing, intentional injury, robbery, fraud, drug manufacture and trafficking, and counterfeiting money are exceptions to this rule.