Article 94
The law states the effect of aggravating circumstances on the penalty provided for the offence.
Article 95
Any one of the following cases shall be considered recidivist:
1- Any person against whom a final judgment bearing a felony penalty was previously issued and then it is established that he perpetrated a subsequent
felony or a misdemeanor.
2- Any person against whom a final judgment bearing a misdemeanor penalty was previously issued for an offence of forgery, theft, breach of trust, trickery,
receiving stolen goods or items or proceeds resulting from an offence, or commencement of any such offence he perpetrated, then subsequently
perpetrated within five years from the judgment one of the said offences or attempted any of them.
The court may sentence the recidivist to more than the maximum limit stipulated by the law for the offence provided that double of the said limit shall not be
exceeded and that the term of imprisonment shall not exceed twenty years.
Article 96
If the recidivist was previously condemned to two penalties restrictive of liberty, both for a period of one year at least or three penalties restrictive of liberty
one of which for at least one year, for theft, fraud, breach of trust, forgery, receiving crime proceeds or the attempt of any such offences, then it was
established that he subsequently perpetrated one of the said offences or attempted the same, on which he was sentenced after he was convicted for the
last of the said penalties, the court may issue a judgment imposing imprisonment for a term of less than three years and not exceeding .
Article 97
Should aggravated circumstances are combined with extenuating excuses or circumstances in one offence, the court shall apply first the aggravating
circumstances then the extenuating excuses, then the extenuating circumstances.
However, if the aggravating circumstances and the aggravating excuses have different effects, the court may apply the most severe of them.
BOOK TWO
Crimes Against Public Interest
Part 1
Crimes against External State Security
Article 98
Capital punishment shall apply to the following:
1- Any person who carries weapons against the State, or attempts the same or instigates thereto?
2- Any person who intentionally perpetrates an act leading to harm the independence of the State or the integrity and sovereignty of its territories.