Recidivist


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Recidivist

 

a person who commits a crime after having been previously convicted of a criminal act. In view of their great social danger, recidivists bear increased criminal responsibility. Under Soviet law, if a person is deemed a recidivist, he faces various legal consequences. A recidivist may not be released on surety (poruki) and for certain types of recidivists limitations have been placed on the application of conditional early release and the substitution of a milder sentence (for example, the Criminal Code of the RSFSR, arts. 53–531)• If a recidivist has been previously sentenced to deprivation of freedom, he will ordinarily serve his sentence for the new crime in a strict-regime colony (this does not apply to convicted women).

Under certain conditions, the court may deem a guilty person an especially dangerous recidivist. Examples include (1) a person previously sentenced to deprivation of freedom for a particularly dangerous crime against the state or for one of the other grave crimes enumerated in the law who again commits one of these crimes and is sentenced to deprivation of freedom for at least five years and (2) a person sentenced to deprivation of freedom twice before, in any sequence, for especially dangerous state crimes or other grave crimes (also enumerated) who again commits any of these crimes and is sentenced to deprivation of freedom for a period of more than three years.

When considering the question of whether a person should be deemed an especially dangerous recidivist, the court takes into account the degree of social danger of the crimes committed, the motives, the character of the guilty person, and the circumstances of the case. In view of the increased social danger of especially dangerous recidivists, the criminal code prescribes harsher punishment for such recidivists than for persons who have committed a crime for the first time. Conditional early release and the substitution of a milder sentence may not be applied to an especially dangerous recidivist.

References in periodicals archive ?
Comparison of Aggression Differences Among Nonoffender, Onset-Offender, and Recidivist Groups
0) Table 5 Background characteristics of Pacific recidivist offenders (n = 146) and non-recidivist offenders (n = 54) Characteristics Recidivist Non recidivist Sig n (%) n (%) Male 127(76%) 41(23%) Female 19 (60%) 13(24) Birthplace New Zealand 81(53.
This study mapped and compared the presence of psychiatric disorders in primary and recidivist Brazilian youngsters, facing socio-educational sentences in correctional facilities, in the city of Sao Paulo.
Recidivist laws, which punish repeat offenders more harshly than first-time offenders, have existed in America since the nineteenth century.
intelligence "suspects, but is not certain, may have engaged in recidivist activities," Brennan wrote.
This will be a sensitive point during the second reading, just like it will be necessary to resolve the issue of whether to introduce a possibility to permanently ban the most dangerous and recidivist ships from ports (proposal on control by the port state) or broaden the scope of the proposal on the liability of companies to passengers which are victims of an accident (whether to include river ways).
In these low-stakes cases, recidivist innocent defendants face high pretrial process costs (particularly if the defendants are detained).
Contributors of these 16 articles show how far we have come by addressing the psychology of violent crimes on an international scale, including the apparent normalcy in behavior characteristics of sadistic serial killers, compulsive repetitive offenders' behavioral patterns and motivational dynamics, juvenile serial sex offenders, recidivist homicide offenders, sensational and extreme interests in adolescents, and the effects of a combination of narcissism, sadism and loneliness.
Compared to the non-recidivist, the DUI recidivist is more likely to believe that he/she can drive safely after drinking and to see his/her DUI arrest as a function of bad luck or police harassment.
Boys who had been arrested at some point in time after they left De Hunnerberg were classified as recidivist.