Article 188 — Aggravation in Case of Recidivism.

(1) Where a fresh crime is committed in the circumstances specified under Article 67 of this Code, the Court shall aggravate the penalty, and may pass a sentence exceeding the maximum penalty laid down in the Special Part of this Code for the fresh crime. It may double the penalty provided in the Special Part of this Code for the fresh crime or for the most serious fresh crime in case of concurrence. (2) Having regard to the nature and multiplicity of crimes, the degree of guilt and the danger represented by the criminal, the Court may, without being bound by the maximum penalty provided in sub-article (1) above, aggravate up to the maximum penalty laid down in the General Part of this Code for the kind of punishment applied. Where the criminal is a persistent recidivist the Court shall aggravate the sentence by going beyond double the penalty prescribed for the fresh crime. (3) The penalty to be determined under the provisions of sub-article (1) or (2) of this Article shall in no case exceed the maximum penalty prescribed in the General Part of this Code for the kind of penalty applied (Arts. 106 and 108).