An analysis of the practice of considering criminal cases in courts revealed that there are many repeat offenders among criminals, that is, those who commit the same offense more than once. The concept of multiple crimes and defines a similar phenomenon.
What are the types of such multiplicity?
There are several varieties of such repetitions: in the first case, the offender sequentially at different times or in several places commits a number of crimes. In another case, several crimes are committed in one act. For example, if during the rape the victim was robbed.
The next one is when a sentence has already been passed against the criminal that has entered or has not yet entered into legal force, and at that time he commits another crime. For example, a person serving a suspended sentence violates the law again. This also includes the commission of a crime during the execution of a sentence.
And the last, when a new crime occurs after serving the sentence, but before repayment or removal of the criminal record.
Despite all the diversity, the main problem in law enforcement practice when committing a second crime is solving the issue of consequences, including the imposition of punishment and the documentary reflection of facts in the criminal case file.
Theoretical problems
So in the theory of law the problem was identified - the concept and types of multiplicity of crimes. At present, there is no legislative definition of the term “multiplicity of crimes,” while there is no single approach in theory. This significantly complicates the further solution of the problem.
This problem was significantly aggravated by the fact that in 2003 such a term as “frequency of crimes” was excluded from the Criminal Code of the Russian Federation. Instead, other qualifying signs appeared, for example, relapse.
Theorists have identified signs of a multiplicity of crimes, such as:
- One or more persons commit two or more illegal acts for which criminal liability is provided.
- Such acts are committed by the same performer (one person or a group of persons), while it does not matter who it acts as (performer, accomplice, etc.).
- Crimes can be either finished or unfinished.
- Each of the offenses constitutes a crime.
- Moreover, a person (group of persons) can be held accountable for at least two crimes committed, etc.
Thus, the concept of plurality of crimes is as follows. This is a person committing two or more acts stipulated by the Criminal Code of the Russian Federation as crimes that entail criminal prosecution. At the same time, it is possible that a person already has an outstanding conviction or there is a court decision that has entered / has not entered into force and has proclaimed a punishment for a previously committed offense.
The concept and types of multiplicity of crimes include the totality of offenses, relapse, criminal activity, etc.
What about the identity of the criminal?
In the social sphere, the multiplicity is characterized by high social danger, since a person’s commission of two or more crimes indicates an active antisocial position of the criminal and contributes to the formation of his professionalism in the criminal environment.
As a rule, the more such acts are committed, the more harm is done to society.
Consequently, a criminal who commits several crimes poses an increased danger to society and requires the use of not only legal, but also socio-psychological methods of influence, which, first of all, will be aimed at changing his antisocial attitudes and outlook on life.
A clear vision of the social and legal nature of the multiplicity of crimes in the Russian Federation and the forensic characterization of the personality of the perpetrators of the offenses reveals not only the directions of preventive work in society, but also indicates the presence of deficiencies in the work of law enforcement agencies.
In addition to the above, the repeated commission of offenses by the same person indicates the ineffective work of the penitentiary system and other bodies vested with rights in the field of crime prevention.
What should be expected from the authorities?
It is worth considering the position of Russian law enforcement agencies. Since these consecutive crimes are dangerous for the environment, it is worth noting a certain fault of higher authorities, including the search services. They do not pay due attention and strength when searching for such intruders.
During the search, the offender or a whole group of criminal persons, of course, will have time to commit several illegal acts. And this can lead to other undesirable consequences for relatives, friends and relatives of the victim. And this means that there are shortcomings in the work of the operational-search services, which should be eliminated.
Directly this problem should be addressed by the leadership and government of the country. The problem of the multiplicity of crimes and its prevention can be solved by timely re-certification of employees and verification of their knowledge, according to the competence of their work. Also, their shortcoming is that after the correctional period, the criminal who went free will still continue to do similar atrocities.
Why has definition become a problem?
Prior to the amendment by the Federal Law, the Criminal Code very ambiguously described the concept of multiplicity of crimes and the form of its expression. It was previously believed that this phenomenon is manifested only in the repeated commission of criminal acts by the same person, their relationship and the possibility of relapse. Other factors that could affect a citizen’s actions were not considered.
In one of the scientific works of 1974, the author considers the phenomenon of multiple crimes from a social point of view, and not from a legal one. This is due to the fact that the analysis of the actual behavior of the offender in the commission of two or more illegal actions helps to better understand the signs of repeatability and the degree of danger of such a person to society.
A person who has decided on a series of crimes, between which a clear connection of repetition is traced, is in a state of psychological struggle. On the one hand, he clearly understands what society approves and what condemns. On the other hand, he turns a blind eye to public order and goes against other citizens, putting his interests above all else. Such a person is especially dangerous to society. After all, even awareness of the consequences cannot stop him.
When a citizen decides to commit two or more similar crimes, he has no motive. Such acts are aimed specifically at the repeatability of unlawful acts and their ideal combination.
On December 8, 2003, the Federal Law of the Russian Federation introduced some amendments to the Criminal Code. At the moment, the Criminal Code of the Russian Federation identifies the following types of crimes:
- chain of crime (aggregate);
- committing unlawful actions provided for in the articles of the Part of the Special Criminal Code, from two or more times;
- relapse
- commission of a crime with an existing criminal record.
Each of these types is included in the concept of a plurality of crimes. Both the signs and the consequences of such acts provided for by the legislative bodies will have similarities.
To summarize, we can say that any multiple crimes consist of single unlawful acts. Therefore, it is necessary to begin to consider the essence of single crimes.
How is the totality and multiplicity?
Therefore, the concept of a plurality of crimes is as follows. This is the commission of actions by a person in case of two or more similar violations of the Criminal Code specified in the legislation. In accordance with paragraph 1 of Article 14 of the Criminal Code, a crime is an event that is dangerous to society, which is on the list of punishable persons in the Criminal Code. Article 14 deals with a single violation. According to their psychosocial and legitimate characterization of the same type of violation are simple and complex.
Given the changes that have occurred in the criminal law, the list of complex sole violations requires the separation of composite and long-term offenses, as well as acts based on multivariate or repeated violations of the law.
In these repeated actions that violate the law, courts and preliminary investigation bodies face a large number of problems, making a legal assessment of violations of the law. Of great difficulty is the separation of individual offenses from multiple.
Separation with single crimes
The latter means combining legally two or more offending acts into one complex crime, but individually, each of them can be assessed as a separate violation of the law. The literature objectively focuses on the fact that multiple crimes constitute a special case of the aggregate of crimes established by law.
The multiplicity of crimes can be considered in this vein as follows. Compound offenses when they encroach on two objects, and this is their difference from simple illegal acts that are aimed at one object. In their legal assessment, two varieties must be distinguished:
- based on which the actual set of offenses is taken into account;
- based on which their ideal combination is taken into account.
A separate form and type of plurality of crimes in criminal law are those that are characterized by the presence of serious consequences. For example, the abduction of a person resulting in the death of an abducted person by negligence must be defined as a composite offense and qualify the third part of Article 126 of the Criminal Code.
What is a continuing violation of the law?
The concept of a plurality of crimes includes a lasting (prolonged) offense. This is an act that consists of a combination of the same type of illegal actions aimed at a common goal and which in their totality is a single crime. This feature of a long offense in the interpretation of March 4, 1929, the PVS of the Russian Federation has inaccuracies. Long-term offenses are not always committed intentionally. Perhaps their commission and negligence.
What are the concepts and signs of the multiplicity of crimes in this case? A special feature of a continuing offense is that it is committed by actions that vary in time, which individually are not separate criminal acts, but can be considered as a link or stage of the same offense. Since individual acts of a continuous act do not constitute an independent crime, they are not the subject of a separate legal qualification and are assessed as a single offense.
Continuing offenses must be distinguished from the acts described in the first article of the Special Part of the Criminal Code. The difficulty of limiting this type of aggregate of actions from a long-term offense lies in the fact that they are similar in difference of criminal actions. But in the case of a long-term offense, there is a one-way connection between the individual moments of criminal acts, expressed in the fact that the next act of long-term behavior is a link or stage in a person’s single offense.
At the same time, a person who has committed a new crime is not considered if he has carried out all the actions specified in the legislation consistently. The perfect in this case is qualified as a continuing single criminal act, which consists of alternative actions. It does not constitute a multiplicity of crimes.
Compound and complex violations of the law
Similar single offenses, not included in the examples of the multiplicity of crimes, are compound and complex acts.
Compounds are called offenses based on which are of the same type or repeated acts. For example, the circulation of drugs containing drugs (purchase, storage, manufacture, marketing). The important thing for these crimes is that, the commission of each of these actions is sufficient to recognize the crime completed. But it is not considered that a person commits every new act in this chain. The committed crime is considered a single continuous offense.
The Criminal Code addresses the elements of crimes, the basis of which are repeated actions (article 154, part 1 of article 180). For example, the unlawful use of a trademark, the designation of the place of origin of commodity values or similar designations for products of the same type can be recognized as a crime only when such actions are performed more than two times or caused large-scale damage.
Complex offenses are those that have occurred continuously for a certain time. As follows from the explanations of the aforementioned resolution of March 4, 1929, the PVS of the USSR, under a continuing crime it is assumed inaction or action directly related to the subsequent failure to perform for a long time the duties that were assigned to the guilty person under the threat of punishment in accordance with the Criminal Code. All this does not form a multiplicity of crimes in criminal law. This is one, a single composition of a criminal act, and the punishment will be assigned to one composition.
What is the significance of the multiplicity of crimes?
The meaning of this concept is as follows. It is intended to strengthen the responsibility of the perpetrator for the acts committed. If the culprit commits several offenses, his actions or inaction carry a much more obvious public danger than a single violation of the requirements of the law.
If the offender commits his actions regularly, he enhances his criminal experience. This can lead to the fact that he can commit such acts easily and repeatedly. Thus, an antisocial personality orientation is formed, with the help of which a person can look for ways to evade the requirements of the law, including on an ongoing basis.
In Russian criminal law, punishment in the presence of multiplicity is assigned as follows: first for each individual act, and only after that a single punishment is determined.