Any person who, having been finally convicted for a misdemeanor to more than one year
imprisonment, commits the same misdemeanor shall be sentenced for this second misdemeanor
to a term of imprisonment equal to or greater than twice the sentence previously imposed, but
which may not exceed twice the maximum sentence.
Recidivism occurs if an offence is committed between the day the first conviction becomes final
and the day five years have elapsed since the expiry or prescription of the first sentence.
The offenses of theft, fraud, breach of trust, concealment of obtained from an offence, as well as
the offenses provided for by the legislation on bank and postal checks shall be considered as the
same offenses.
Article 124: The provisions of articles 122 to 123 shall be applicable to the case of recidivism of
felonies and misdemeanors punishable by military detention.
Article 125: When a recidivist is convicted as a habitual offender, the judge, in addition to
applying articles 122 to 123, may order security confinement for a period of five to twenty years.
Article 126: Any recidivist is deemed to be a habitual offender within the meaning of the
preceding article when, taking into account the conviction for the new offence committed, he is
the subject of:
1° two convictions for felonies with a custodial sentence;
2° one of the convictions provided for in 1° and two convictions for misdemeanors with a
custodial sentence of more than one year;
3° four convictions for misdemeanors with a sentence of deprivation of liberty of more than one
year.
Article 127: The offenses which may give rise to security confinement must have been
committed within a period of ten years, calculated from the date of the last offense likely to lead
to confinement, in accordance with the provisions of the last paragraph of article 71.
No account shall be taken of convictions erased by amnesty or rehabilitation, nor of convictions
against minors at the time of the commission of the acts.
When a prosecution is likely to result in a security confinement, prior investigation must be
carried out.
A lawyer must be appointed to the accused if he has not chosen one, if not the proceedings are
null and void.
Article 128: Security confinement shall not be ordered against women and individuals over sixty
years of age or under eighteen years of age at the end of the principal sentence initially
pronounced.
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