k) Taking advantage of war conditions, emergency situations, natural calamities,
epidemics or other special difficulties of society in order to commit crimes;
l) Using treachery or, cruel tricks to commit crimes and/or using means capable of
causing harm to many persons;
m) Inciting juveniles to commit crimes;
n) Committing treacherous and/or violent acts in order to shirk or conceal crimes.
2. Circumstances which are constituents of a crime or determine the penalty bracket
shall not be considered aggravating circumstances.
Article 49.- Recidivism, dangerous recidivism
1. Recidivism means cases where offenders have been sentenced and have not yet
had their criminal records wiped out but again commit crimes intentionally or
commit very serious crime or particularly serious crimes unintentionally.
2. The following cases are considered dangerous recidivism:
a) Offenders have been sentenced for very serious crimes or particularly serious
crimes committed intentionally, have not yet had their criminal records wiped out
but again commit very serious crimes or particularly serious crimes unintentionally;
b) Offenders have relapsed into crime, not yet had their criminal records wiped out
but again commit crimes intentionally.
Article 50.- Deciding penalties in cases where more than one crime is committed
When trying a person who has committed more than one crime, the court shall
decide a penalty for each crime, then augment the penalties according to the
following regulations:
1. With regard to principal penalties
a) If the penalties already declared are all non-custodial reform or all termed
imprisonment, such penalties shall be added together into a common penalty; the
common penalty must not exceed three years for non-custodial reform, and thirty
years for termed imprisonment;
b) If the penalties already declared are non-custodial reform and termed
imprisonment, the non-custodial reform shall be converted into imprisonment
penalties according to the ratio that three days of non-custodial reform shall be
converted into one day of imprisonment in order to make the common penalty as
prescribed at Point a, Clause 1 of this Article;
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