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(1) In determining the penalty for dangerous recidivism and particularly dangerous recidivism of offences, account shall be taken of the number, nature, seriousness and consequences of the previous offences, the circumstances under which the previous penalty was insufficient to correct the offender, and the nature, seriousness and consequences of the new offence

(2) The amount of punishment for dangerous and particularly dangerous recidivism may not be less than one third of the maximum penalty prescribed in the corresponding Article of the Special Part of this Code. If only mitigating circumstances are established, the court may determine the penalty within the limits provided for the offence in the Special Part of this Code.