Currently, one of the most dangerous crimes are recurrent.Their number is constantly growing, causing some concern among law enforcement agencies.Recidivism is dangerous because the offender is preparing them more thoroughly than the first time.In this regard, it is difficult to catch, and his actions become more elaborate and cruel.
From this important area of law enforcement is to prevent recurrence.They have a positive influence on the sense of justice, eliminating possible causes of crimes, if necessary, to carry out penal measures and correct behavior of the convicts.
Concept and signs of relapse
recidivist - a person who has committed a new criminal offense if there is a conviction for Implemented earlier.A new combined with the previously perfect admits relapse.But the Russian Criminal Code on the notion of a recidivist refused with the aim to focus not on the identity of the offender, and on the characteristic that he committed the act.
Recidivism is characterized by certain signs:
- intentional, it does not matter what the intent is, directly or indirectly;
- Multiple character: at least two crimes;
- a criminal record that is available to the offender shall be valid;
- the offender must be in the age of majority at the time of the crimes.
complexity of determining recurrence is that there are such things as single and multiple crime.But some individual species may be a composite, so sometimes mistaken as multiple.
Classification recurrence
Depending on the number of signs of recidivism is defined himself and his views.Simple type: a person commits a new intentional criminal act, along with the presence of a criminal record for committing an intentional act earlier.A dangerous form is determined by the following conditions:
- committing a serious type of crime, followed by actual imprisonment, along with the presence of a person with a criminal record in prison for committing intentional earlier, two or more offenses of medium gravity;
- a grave deliberate crime, along with the fact that the person has been sentenced to imprisonment for serious or particularly serious criminal offense.
particularly dangerous type is characterized by signs:
- a crime relating to a grave, to be followed by the actual deprivation of liberty of a person who has been sentenced twice to imprisonment for a similar nature for a criminal act;
- an offense relating to the very serious, a person who has been convicted twice for grave or once for a particularly serious offense.
In a situation when determining recidivism, not taken into account a previous conviction:
- canceled and removed;
- intentional crimes, but little gravity;
- for the crimes of which made any postponement or a suspended sentence, and the person is not serving the sentence in prison for his redemption;
- for crimes committed by a person to his age.
The classification of relapse may lie: the nature of the criminal actions (general and special recidivism), the number of convictions (simple and complex), the degree of public danger (simple, dangerous, particularly dangerous).In addition to these types of recidivism can be legal (corporate), criminological (actual), rehabilitated penitentiary.If it is recognized as a person who has committed any criminal offense, which means that it can be considered a professional criminal, capable of repeated criminal acts.Identification and recognition of relapse is the direct responsibility of the court.
