(1) The repeat offending provisions shall be applied where there has been a commission of an offence subsequent to a previous finalised conviction. For this provision to apply it is not necessary that any penalty has been enforced.

(2) The repeat offending provisions shall not apply to offences committed:

a) five years after the completion date of the sentence for the previous conviction, where such a sentence was for a period greater that five years,

b) three years after the completion date of the sentence for the previous conviction, where such sentence was for a period of imprisonment of 5 years or less or was a judicial fine

(3) In cases of repeat offending, if a penalty of imprisonment or a judicial fine is prescribed as alternatives in the law in respect of the most recent offence committed, a penalty of imprisonment shall be given.

 (4) The repeat offending provisions shall not be applied where an offence of recklessness follows an offence of intent or vice versa and where a strict military offence follows any other offence or vice versa. The judgments of foreign courts shall be not be subject to recidivism, excluding the offences of Intentional Killing, Intentional Injury, Robbery, Deception, Production and Trade of Narcotics or Psychotropic Substances, Counterfeiting Money or Valuable Stamps.

(5) The repeat offending provisions shall not be applicable to offences committed by any person who was under eighteen years old at the time of the commission of the act. 

(6) The sentence, in cases of repeat offending, shall be enforced in accordance with The Enforcement Code. Further, for the repeat offender a probationary measure shall be applied following the completion of the term of imprisonment.

(7) The judgment of the Court should clearly state what the applicable enforcement regime for repeat offenders is and should state that the repeat offender probationary measure is applicable following the completion of the term of imprisonment.

(8) The Enforcement Code pertaining to repeat offenders and the application of the probationary measure shall be imposed pursuant to the law.

(9) The Enforcement Code pertaining to repeat offenders and the probationary measure following the completion of the sentence of imprisonment shall also apply to: an habitual offender, a career offender or a member of a criminal organization.