PROBLEMS OF MULTIPLICITY OF CRIMES IN THE CRIMINAL LEGISLATIONS OF THE RUSSIAN FEDERATION AND THE AZERBAIJAN REPUBLIC

Aghayev I.B.
Problems of multiplicity of crimes in the criminal legislations of the Russian Federation and the Azerbaijan Republic.
Monograph.
Leipzig: «Leipzig University Press», 2016.
272 pages. 22 quires.

The presented scientific research is devoted to the development of intra-sectoral and inter-sectoral systemic properties of the institute of crime multiplicity. As it is known, issues of multiple crimes belong to the most complex problems of the science of Criminal Law and judicial practice.

The problem of multiple crimes, first of all, is a problem on doctrine of crime and corpus delicti, because before imposing a punishment, it is necessary to qualify a crime correctly and statutorily, including to resolve an issue of that under one article or several articles of the Criminal Code the deeds should be qualified.

Multiplicity of crimes represents a combination of several offenses provided by the criminal law in behavior of the same person. Each act forming the multiplicity should contain elements of distinct corpus delicti. The main thing in multiple crimes isn’t a number of acts, but a number of corpus delictis. Corpora delicti of these crimes may coincide or differ by their signs, i.e. by object, objective and subjective aspects. However, the crimes forming the multiplicity have one common element. This is the committer of crimes, who is the same person.

The commitment of two or more crimes by the person, for neither of which he/she has been convicted, and none of which have circumstances excluding criminal consequences, shall be considered multiplicity of crimes.

For the formation of multiplicity it doesn’t matter when crimes are committed: before bringing the person to criminal liability or after conviction; after serving the punishment for the previously committed crime or before serving.

Crimes forming the multiplicity may be committed at different times and simultaneously. Commitment of crimes at different times means that there is a known time lag between the first and subsequent crimes, i.e. these crimes are remote from each other in time, even if insignificantly. Simultaneous commitment of crimes means that the person commits only one action, as a result of which several crimes are formed. In this case a crime, having started by the same action, seemingly is split, i.e. one action causes two or more different consequences and causes harm to the several objects of penal protection.

Multiplicity of crimes is missing, if one of the two committed crimes includes circumstances excluding penal consequences. Such circumstances are expiry of limitation periods; removal and redemption of conviction; adoption of amnesty or pardon acts; enactment of the criminal statute excluding punishability of an act included into the structure of multiplicity, etc. The above mentioned circumstances indicate that the person has lost such attribute previously detected in the crime commitment as a social danger.

In order to better understand the nature of multiple crimes, the author believes that it is necessary to consider its properties in comparison with properties of the similar phenomena in other legal branches. In this case, understanding of deeper aspects of the researched penal notion, which are common for multiplicity of offenses as over-sectoral concept, becomes clearer. In this knowledge, an important role belongs to sectoral distinctions in understanding the offence multiplicity, because they allow to determine regularities of the connection of separate elements of multiplicity with its legal consequences and rules for the implementation of sanction in case of combining several offenses in the actions of one person.

CONTENTS

PREFACE – 11

I TITLE
LEGAL NATURE AND SYSTEMIC PROPERTIES OF THE MULTIPLICITY OF CRIMES

CHAPTER 1
MULTIPLICITY AS A SPECIAL FORM OF CRIMINAL ACTIVITY – 21

§ 1. Legal nature of crime multiplicity as a kind of criminal behaviour – 21
§ 2. Unified crime as a structural element of crime multiplicity – 40
§ 3. Problems of the multiplicity accounted by the legislator – 55
§ 4. Multiplicity of crimes in judicial practice and in statistical data – 82

CHAPTER 2
MULTIPLICITY IN THE SYSTEM OF INTRA-SECTORAL AND INTER-SECTORAL
LEGAL RELATIONSHIP – 93

§ 1. Multiplicity of crimes in the system of multiplicity of offences – 93
§ 2. Intra-sectoral systemic communications of the legal norms of the institute of multiple crimes – 104
§ 3. Inter-sectoral communications of the legal norms of the institute of multiple crimes – 118

II TITLE
FORMS OF THE CRIME MULTIPLICITY: QUALIFICATION AND IMPOSITION OF PUNISHMENTS

CHAPTER 3
FORMS OF THE MULTIPLICITY OF CRIMES, NOT INVOLVING THE PERPETRATOR’S PREVIOUS CONVICTION –  131

§ 1. Qualifying significance of the repetition of crimes – 131
§ 2. Qualifying significance of cumulative crimes – 155

CHAPTER 4
MULTIPLICITY OF CRIMES, INVOLVING THE PERPETRATOR’S PREVIOUS CONVICTION (RECIDIVISM OF CRIMES) – 187

§ 1. The concept and juridical signs of crime recidivism – 187
§ 2. Types of crime recidivism – 204

CHAPTER 5
IMPOSITION OF PUNISHMENT FOR MULTIPLICITY OF CRIMES – 217

§ 1. The general issues of imposing punishment for multiplicity of crimes – 217
§ 2. Imposition of punishment for multiplicity of crimes, not involving the perpetrator’s previous conviction – 222
§ 3. Imposition of punishment for multiplicity of crimes, involving the perpetrator’s previous conviction (recidivism of crimes) – 239

CONCLUSION – 243

BIBLIOGRAPHY – 249