Who is a recidivist according to the laws of Russia?

The Criminal Code of Russia has many special terms, 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?

Definition of concept

For a committed crime, the court establishes a punishment for the offender, which he must necessarily incur. 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's 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.

What does the law say?

In the Criminal Code, a whole chapter 18 has been allocated to the recidivism of crimes . 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 are again brought before the law. And both these and previous misdeeds were committed intentionally. In this case, it can be said that there is indeed a relapse. It turns out that the court punished a citizen in due time, and he, without making any conclusions, decided to take up the old one again. Paragraph 2 explains the significance of a dangerous relapse. There are two options:

1. A citizen committed a grave crime, and had previously been convicted two or more times for intentional misdemeanors of medium gravity.
2. The perfect action refers to the grave categories. And the person before this has already been convicted for the same or especially serious crime.

Paragraph 3 provides an explanation for a particularly dangerous recidivism. In this case, it is implied that all committed acts (present or past) are grave. Naturally, the punishment in any of these cases will be more severe.

Thieves' Practice

As is known, the term "recidivist" itself is taken from the Latin word, which means "return". That is, it's 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:

1. The man committed the theft and was caught.
2. After that, the court brought him to justice.
3. The citizen served his sentence.
4. After that, he again began to steal.

It turns out that he deliberately re-committed the 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.

Features of recidivists

What is the difference between the criminals-recidivists from other violators of order? Mostly these are people who, in time, experienced a deformation of legal and moral consciousness. They are not able to take a critical approach to their actions. In fact, they are egoists, for whom a greed for profit is beyond reasonable principles and common sense. For them, the desire to take possession of 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. With the years the technology is sharpened, certain instruments 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 does not need them any more.

Taking this into account, the law provides for appropriate penalties for them.