Article 769 — Aggravation in Case of Recidivism.

(1) Recidivism shall not be taken into account where at the time of the new petty offence to be tried, a period of one year has elapsed since the penalty imposed for the previous petty offence whatever its nature was enforced in whole or in part or remitted by pardon or limitation. (2) In the case of recidivism the Court shall not be bound by the ordinary maximum of the penalty prescribed for the new petty offence. When circumstances and the degree of guilt so justify and, in particular, in cases of persistent repetition of the same offence it may impose a penalty up to double the legal maximum provided for the various penalties (Arts. 747 and 752).