IMPOSITION OF PUNISHMENT FOR CRIME RECIDIVISM

Агаев И.Б.
Назначение наказания при рецидиве преступлений.
Law journal «Черные дыры в Российском законодательстве».
Moscow, 2004, No.1, pp. 91—94. 0,5 quires.

The paper is devoted to the imposition of punishment for crime multiplicity connected with the previous conviction of perpetrator, i.e. for recidivism of crimes. It is noted that in the complex of measures applicable for combating recidivism, application of more severe punishments to the persons guilty in such a criminal activity must take place. The base for increasing the punishment for criminals-recidivists shall be the stability of their antisocial views and habits. Proceeding from it, the author considers that such persons should be subjected to a long-term punishment, because their reformation cannot be achieved in a short term. According to the author, while imposing a punishment for recidivism, the court should identify what represents the accused in terms of his/her social danger, whether it is possible to consider him/her as an especially dangerous recidivist or he/she should be referred to other categories. Any solution of this issue will entail different conclusions of the court, both about the scope of punishment, and procedure of its serving (selection of a penitentiary institution type). For the persons, who have committed crimes in simple, dangerous and especially dangerous forms of recidivism, different types of penitentiary institution regime shall be provided.