CONVICTION AS AN OBLIGATORY PRE-CONDITION IN DETERMINING THE CRIME RECIDIVISM

Агаев И.Б.
Судимость как обязательная предпосылка при определении рецидива преступлений.
Herald of the Baku State University. Series of social and political sciences.
Baku, 2004, No. 1–2, pp. 43—51. 0,8 quires.

The academic paper is devoted to the one of the juridical features of the crime recidivism — to conviction. In this paper the issues of occurring conviction, role of conviction institute in the work with crime recidivism, procedures for removal of conviction are considered. The author notes that while speaking of conviction, he keeps in mind a person, who was already punished by the State and, therefore, had to learn from this fact. If the commitment of several crimes by a person, who has never been convicted, takes place, then no one can foresee how will be his/her reaction to the punishment applied to him/her. It is quite possible, that as a result of the first such influence, the offender will get rid of anti-social character, never commit a crime and stop to be socially dangerous. It’s unjust to discredit him/her only by the reason that the person is guilty in committing several crimes and to consider him/her as a recidivist. Besides, in the paper the concept of recidivism is revealed, positions of scientists-lawyers are polemized, author’s thoughts about studied questions are defined and recommendations are made.