GROUNDS FOR DEFINING THE DANGEROUS RECIDIVISM OF CRIMES

Агаев И.Б.
Основания определения опасного рецидива преступлений.
Reports of the Science Academy of the Azerbaijan Republic.
Baku, 2003, No. 5–6, pp. 243—250. 0,6 quires.

The academic paper is devoted to one of the types of crime recidivism — to dangerous recidivism. It is noted that dangerous recidivism is characterized by committing a new crime by a person, who have conviction and served completely or partially punishment for the committed crime. Unlike simple recidivism of crimes, the specified type of recidivism can be formed only in case of committing intentional crimes. Proceeding from it, the author considers that criminals, who consciously agree to commit new crimes despite the measures taken by them, represent the greatest danger. According to the author, while recognizing a recidivism as dangerous, it is necessary to take into account the real danger of the committed crimes and personality of a guilty person. All these will give an opportunity to reveal the juridical nature of this socially dangerous phenomenon, give moral-political value to this definition, show its special nature as a penal institute, find out its difference from simple and especially dangerous recidivism, as well as from other kinds of the crime multiplicity.