Qualified Murder. The Rehabilitation or the Fulfillment of the Rehabilitation Term Does Not Prevent The Remand of the Aggravating Circumstantial Element Stipulated in Article 189 (1) E) of the Criminal Code

the Murder Committed by a Person Who Has Previously Committed a Crime Of Killing Or Attempting to Commit this Offense. Subsistence of the Judgmental Authority. Recurrence – Cause of Aggravation of Punishment. Admissibility

Abstract

Interpreting the Article 189 (1) (e) of the Criminal Code and Article 169 (1) of the same Code, in the case of a new offense of murder or attempted murder, the rehabilitation or the fulfillment of the term the rehabilitation of a person who has been convicted of an offense who has previously committed a murder or attempted murder does not prevent the retention of the aggravating circumstance referred to in Article 189 (1) (e) of the Criminal Code, namely the murder committed by a person who has previously committed a crime of murder or attempted murder. To consider that intervening the rehabilitation or the fulfillment of the rehabilitation term regarding a defendant who was previously convicted of a crime of murder or attempted to commit such an offense would prevent retaining the aggravation referred to in Article 189 (1) (e) of the Criminal Code in the case of committing a new offense of murder or attempts to commit this offense would annihilate the judgment authority of a court decision by which it had definitively ruled that the crime exists, constitutes an offense and was committed by the convicted person. Recurrence is not always a cause of aggravation of punishment.