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(1) Recidivism shall be considered to be the intentional commission of one or more offences by a person with a criminal record for an offence committed with intent.

(2) Recidivism shall be deemed dangerous:

a) (Repealed)

b) if the person previously convicted of a serious or particularly serious intentional offence has again intentionally committed a serious, particularly serious or exceptionally serious offence.

(3) Recidivism shall be regarded as particularly dangerous:

a) (Repealed)

b) if the person previously convicted of an exceptionally serious crime has again committed a serious, particularly serious or exceptionally serious crime.

(4) In determining the state of recidivism in the cases referred to in paragraphs (1) to (3), account shall also be taken of final convictions handed down abroad, recognised by the court of the Republic of Moldova.

(5) In establishing recidivism, no account shall be taken of previous criminal record:

a) for offences committed while a minor;

b) for crimes committed recklessly;

b.1) for offences for which the conviction was deferred and if the sentence has not been quashed and the person has not been sent to serve the sentence in prison;

c) for acts which do not constitute offences under this Code;

d) extinguished or in case of rehabilitation, in accordance with the provisions of Articles 111 and 112.

e) if the person has been sentenced with conditional suspension of the execution of the sentence.