DELIBERATE COMMITMENT OF A CRIME AS AN OBLIGATORY SIGN OF DANGEROUS AND ESPECIALLY DANGEROUS TYPES OF CRIME RECIDIVISM

Агаев И.Б.
Умышленное совершение преступления как обязательный признак опасного и особо опасного рецидива преступлений.
Law journal «Пробелы в Российском законодательстве».
Moscow, 2009, No. 1, pp. 159—162. 0,6 quires.

The paper is devoted to one of the most important institutes of criminal law. Therein, the concept of intention, its signs, types, spheres of manifestation, nature of causing its consequences are investigated. The author offers that, while solving the question on recognizing the recidivism as dangerous or especially dangerous, it is necessary to be guided not by formal signs, but to take into account the real danger of the committed crimes and personality of the guilty person. He considers that it would enable to reveal the legal nature of these socially dangerous phenomena, give to these concepts a moral and political assessment, disclose their special nature as an institute of criminal law, find their difference from simple recidivism of crimes and other kinds of crime multiplicity. The paper contains many interesting provisions enriching the theory of criminal law.