2. The court has the power to replace imprisonment sentence with a fine, or to replace the misdemeanor penalty - except in the case of repeated offences - to an infraction penalty. 3. The decision to consider mitigating factors has to be fully reasoned in both felonies and misdemeanors. Chapter Three Of Repetition Article (101) Any person convicted and sentenced with a final judgment for committing a felony, and during the sentence period or within ten years from serving the sentence or after it was dismissed for a legal reason – committed a crime punishable by temporary imprisonment with hard labor or temporary detention – he / she has to be sentenced for a period not to exceed twice the penalty stated for the second crime, provided that the punishment dose not exceed twenty years. Article (102) Any person sentenced with a final judgment and before, during or within three years of serving such sentence, or after the penalty was dismissed for any of the legal reasons, committed a misdemeanor similar to the first one, the person has to be sentenced for a period not to exceed twice the period stipulated for the second offence, provided that the sentence dose not exceed five years. Article (103) Theft, fraud, breach of trust and forgery shall be considered similar misdemeanors for purposes of repetition. In addition, defamation, vilification and slander shall be deemed as similar offences. Article (104) The previous conviction shall not be considered a base for applying the rules of repetition, unless it was issued by a regular court. Provisions Related to the Pervious Chapters Article (105) The penalty mitigating and aggravating factors shall apply in the following order: 1. Material aggravating factors 2. Excuses 3. Personal aggravating factors 4. Mitigating factors Article (106) The court shall state the effect of all the penalty mitigating and aggravating factors in its judgment Book Two Crimes TITLE ONE Of Crimes against State Security