Relapse of crime

At present, recidivism is one of the most dangerous. Their number is constantly growing, which causes some concern among law enforcement agencies. The recidivism of crimes is dangerous because the criminal prepares for them more carefully than for the first time. In this regard, it is difficult to catch, and his actions become more thoughtful and brutal.

Hence the important direction of the work of law enforcement agencies is the prevention of the occurrence of relapses. They must influence the positive sense of justice, eliminating possible causes of crime, if necessary, carry out criminal law measures and correct the behavior of convicts.

The concept and symptoms of relapse

A recidivist is a person who committed a new criminal act in the presence of conviction for what was done earlier. And the new in combination with the previously committed is recognized as a relapse. But the Russian Criminal Code from the notion of a recidivist refused to focus not on the identity of the perpetrator, but on the characterization of the act committed by him.

Recidivism of crimes is characterized by certain signs:

- intentional character, no matter what intent is, direct or indirect;

- multiple character: at least two crimes;

- the conviction that the criminal has, must be valid;

- The offender must be at the age of majority at the time of the commission of the crimes.

The difficulty of determining the relapse is that there are such concepts as single and multiple crime. But some single species can be compound, so sometimes mistakenly accepted as multiple.

Relapse classification

Depending on a number of signs, the recurrence of crimes and their types are determined. Simple type: a person commits again a deliberate criminal act, along with having a criminal record on a previously committed willful act. A dangerous species is determined by the following conditions:

• The commission of a grave crime, followed by a real deprivation of liberty, along with having a criminal record with imprisonment for committing premeditated, two or more, criminal acts of medium gravity;
• The commission of a serious intentional crime, along with the fact that a person has been convicted with imprisonment for a serious or particularly serious criminal act.

An especially dangerous species is characterized by signs:

• The commission of a crime involving serious crimes, followed by a real deprivation of liberty of a person who was convicted twice with imprisonment for a similar criminal offense;
• The commission of a crime related to the most serious, a person who was convicted twice for serious, or once for a particularly serious act.

In a situation where recidivism is determined, criminal records are not taken into account:

- canceled and withdrawn;

- for intentional crimes, but small gravity;

- for crimes for which a deferment or a suspended sentence has been imposed and the person has not served a sentence in places of deprivation of liberty for its repayment;

- for crimes committed by a person before his coming of age.

The classification of relapse can be based on: the nature of criminal acts (general and special relapse), the number of convictions (simple and complex), the degree of public danger (simple, dangerous, especially dangerous). In addition to these types, the recurrence of crimes can be legal (legal), criminological (actual), rehabilitated, penitentiary. If he is recognized by a person who has committed a criminal act, it means that he can be considered a professional criminal capable of repeated criminal acts. Identification and recognition of relapse is a direct duty of the court.