The Russian Criminal Code has many special terms, without knowing which it is difficult to determine what exactly is being discussed. Take, for example, the concept of relapse. What is the meaning of it? Who is a recidivist according to the laws of our country?
Definition of a concept
For a crime committed, the court establishes a punishment for the offender, which he must bear. But quite often there are situations when the guilty person violates the law again, and the relevant authorities are forced to hold him accountable. Relapse is believed to have occurred. What does it mean? Who is a repeat offender?
According to the logic of reasoning, firstly, this is a criminal. That is, we are talking about a man who at some point neglected the laws and committed an act contrary to existing norms. Secondly, he did it again. So, answering the question, who is a repeat offender, it can be argued that this is a citizen who has repeatedly committed a crime. So, he was not taught anything by previous experience. In passing this or that sentence, the court expects that during the time the sentence is served, the citizen will draw certain conclusions and will not continue to commit such acts. The term of punishment depends on the gravity of the offense. So, a repeat offender is someone who did not want to take the opportunity to take the path of correction.
What does the law say?
The Criminal Code provides for the recidivism of crimes an entire chapter 18. It clearly spells out who such a recidivist is and what levels this concept has. Paragraph 1 states that such a definition applies to people who have previously committed offenses and are now again facing the law. Moreover, both present and previous misconduct were committed intentionally. In this case, we can say that there really is a relapse. It turns out that the court punished the citizen in due time, and he, having made no conclusions, decided to take up the old again. Paragraph 2 clarifies the significance of dangerous relapse. There are two options:
- A citizen committed a serious crime, and had previously been convicted two or more times for deliberate misconduct of moderate gravity.
- The perfect action belongs to the category of heavy. Moreover, the person had already been convicted of the same or especially serious crime.
Clause 3 provides an explanation of a particularly dangerous relapse. In this case, it is understood that all committed actions (present or past) are grave in nature. Naturally, the punishment in any of these cases will be more severe.
Thieves practice
As you know, the term "recidivist" is taken from the Latin word, which means "return". That is, we are talking about the repetition of some actions. How in this case should be understood the term "thief-recidivist"? Everything is very simple here. A legal thief is a person who commits theft or theft. He becomes a recidivist when he takes up the old again. So, the following chain of events is built:
- The man committed theft and was caught.
- After that, the court brought him to justice.
- A citizen has served his sentence.
- After that, he began to steal again.
It turns out that he intentionally repeatedly committed the same crime directed against citizens and the state. Moreover, this was done not for the benefit of society, but for personal gain. Such actions indicate that theft in this case is already being considered at the stage of relapse. This means that the punishment for it is provided for more severe.
Features of repeat offenders
What is the difference between repeat offenders and other lawbreakers? These are mainly people who, over time, have undergone a deformation of legal and moral consciousness. They are not able to be critical of their actions. In essence, these are egoists for whom the thirst for profit is above reasonable principles and common sense. For them, the desire to take possession of someone else'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. They devote all his free time to him. Over the years, technology is being perfected, certain tools are acquired, and a person no longer sees for himself another way of being. Repeat offenders are doomed to commit crimes to 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. They don’t need him anymore.
Taking this into account, the law provides for appropriate penalties for them.