The Criminal Code of Russia has many specialterms, not knowing which, it is difficult to determine what exactly is involved. Take, for example, the notion of "relapse." What is the meaning of it? Who is a recidivist according to the laws of our country?
For a committed crime, the court establishesviolator punishment, which he must necessarily suffer. But quite often there are situations when the guilty person again violates the law, and the relevant authorities are forced to bring him to justice. It is believed that a relapse occurred. What does it mean? Who is a recidivist?
According to the logic of reasoning, firstly, it is a criminal.That is, it is about a person who at some point neglected the laws and committed an act that contradicts the existing norms. Secondly, he did it again. So, answering the question, who is the recidivist, we can say that this is a citizen who repeatedly committed a crime. So, he had not been taught anything by previous experience. Passing this or that sentence, the court counts that during the time of serving punishment the citizen will draw certain conclusions and will not continue to commit such acts. The term of punishment depends on the severity of the committed offense. Hence, the recidivist is someone who did not want to take the opportunity to take the path of correction.
In the Criminal Code, the recidivism of crimesthe whole chapter 18 is highlighted. It clearly specifies who is a recidivist and what levels this concept has. Paragraph 1 states that such a definition applies to people who have previously committed offenses, and now again appear before the law. And both these and previous misdeeds were committed intentionally. In this case, it can be said that there really is a relapse. It turns out that the court punished at one time a citizen, and he, without making any conclusions, decided again to take up the old. Paragraph 2 explains the significance of a dangerous relapse. There are two options:
Paragraph 3 provides explanations fora dangerous relapse. In this case, it is implied that all committed acts (present or past) are serious. Naturally, the punishment in any of these cases will be more severe.
As is known, the term "recidivist" itself is taken fromLatin word, which means "return". That is, it is about repeating some actions. How in this case should be understood the term "thief-recidivist"? Here everything is very simple. A thief in a legal language is a person committing embezzlement or theft. He becomes a recidivist when he again takes up the old. So, the following chain of events is built:
It turns out that he deliberately re-committedthe same crime directed against citizens and the state. And this was done not for the benefit of society, but for personal gain. Such actions indicate that theft in this case is considered already in the stage of relapse. Hence, the punishment for it is more strict.
What is the difference between the criminals-recidivists fromother violators of order? Mostly these are people who, in time, experienced deformation of legal and moral consciousness. They are not able to take their actions critically. In fact, they are egoists, for whom the greed for profit is beyond reasonable principles and common sense. For them, the desire to seize other people's property is a priority. These citizens are not able to take the path of correction. For such people over time, crime becomes the main occupation, a kind of profession. To him they devote all their free time. Over the years, technology is sharpened, certain tools of labor are acquired, and man no longer sees for himself a different mode of existence. The recidivists are doomed to commit crimes until the end of their days. And they do not regret it at all. These citizens will never be able, yes, and will not want to take the right path. He no longer needs them.
Taking this into account, the law provides for appropriate penalties for them.
