Topic 12. Criminological characteristics and prevention of recidivism

Recidivism of a crime (from lat. recidivus - resuming, returning) - a kind of plurality of crimes. In accordance with the Criminal Code, recidivism of crimes is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime (Article 18). The recurrence of crimes entails more severe punishment on the basis and within the limits provided for by the Criminal Code.

There are different concepts of recidivism of crimes: criminal law, or legal; criminological, or factual; penitentiary.

Criminal law, or legal, recidivism is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime. In addition, legal recidivism is considered to be one for which special liability is specifically established by law.

Penitentiary recidivism is the commission of a crime by a person who has previously served a sentence of imprisonment.

Criminological, or actual recidivism, is any repeated commission of a crime, i.e., a simple repetition of crimes.

Recidivism of a crime differs in forms: general, or simple, recidivism is the repeated commission of a crime of any nature; special recidivism - the repeated commission of a crime identical or homogeneous with the first crime.

Whether a relapse is dangerous and especially dangerous is established by the court based on the following signs.

Dangerous recidivism is recognized when a person commits an intentional crime, for which he is sentenced to imprisonment, if earlier this person was twice sentenced to imprisonment for an intentional crime, as well as when a person commits an intentional grave crime, if he was previously convicted for an intentional grave crime. .

Relapse is considered especially dangerous:

a) when a person commits a serious crime for which he is sentenced to real imprisonment, if previously this person was twice sentenced to real imprisonment for a serious crime;

b) when a person commits a particularly serious crime, if he has previously been convicted of a serious crime twice or has previously been convicted of a particularly serious crime.

The identity of the culprit - repeat offender. Characteristics of the personality of a repeat offender include: needs and motives, moral and legal consciousness, social positions and connections, socially significant activities.

The system of motives for recidivist criminals is poorer and worse than that of law-abiding citizens and persons who have committed a crime for the first time. Selfish, material-consumer, emotional-momentary motives are dominant.

Recidivist criminals have a deformation of needs - the predominance of material interests over spiritual ones, such as the need for communication, education, creativity, most of them have no need for systematic work. Antisocial needs also correspond to antisocial motives of actions - self-interest, revenge, jealousy, envy, hooligan motives, influence of other persons, removal of an obstacle or concealment of another crime.

Closely related recidivism and the phenomenon of alcoholism. Sometimes the need for alcoholic beverages acts as a somotive or incentive for another criminogenic motivation: aggressiveness, self-interest, violence.

The recidivist is characterized by non-self-criticism, self-justification of the deed, belief in impunity, luck, the ability to avoid exposure, cynical neglect of public goods for the sake of selfish interests. Many of them regard their activities as correct, exposure as an absurd accident, and the sentence of the court and punishment as a terrible injustice.

It is typical for recidivists to start working early, many even before the age of 16, and to stop it just as early. As a rule, recidivists have a short, intermittent general experience, disproportionate to their age and not corresponding to their ability to work, which consists of periods between successive convictions. In addition, usually these are people who have only secondary or even incomplete secondary education.

Repeat offenders maintain ties with other criminals, often marry persons with similar views and habits, and impose them on their children.

Causes and conditions of recidivism. Recidivism is the most dangerous form of criminal activity. The fact of relapse indicates that the extreme measure of influence - criminal punishment - did not achieve its preventive purpose. Repeated commission of crimes indicates a person’s persistent reluctance to lead a socially useful lifestyle. The fact that a person commits a new crime even though he has a criminal record (or even a criminal record) only emphasizes the socially dangerous nature of his behavior that is familiar to him.

If the same person, after conviction, commits a new homogeneous crime, there is a so-called special recidivism; if a person after conviction commits a new heterogeneous crime, this is a general recidivism. Both of these cases almost equally characterize the subject of the crime negatively. Under Russian law, a person who, being convicted (or convicted, if the conviction has not yet been expunged), commits a new crime, is recognized as a recidivist. Russian criminal law highlights the concept of a particularly dangerous recidivist.

Reasons for recidivism include:

▪ negative environment, including a criminal family, connections with people leading an antisocial lifestyle. In other words, the circumstances that cause recidivism are those circumstances that occurred both before the person’s first conviction or before the application of punishment-substituting measures, and those that continue and recur after he has served his sentence;

▪ shortcomings in the activities of law enforcement agencies themselves. This includes an untimely response to a crime, slowness in initiating criminal cases, a low detection rate of crimes, and a violation of the requirements of the law for a comprehensive, complete and objective study of the circumstances of the crime committed. In addition, in legislation and judicial practice, as well as in the theory of criminal and correctional labor law, there is a clear underestimation and underestimation of the importance and role of criminal penalties other than imprisonment. The widespread use of this type of criminal punishment (i.e., imprisonment) does not at all contribute to the successful fight against crime in general and recidivism in particular, but, on the contrary, leads to the fact that almost three-quarters of recidivism falls on persons previously held in correctional facilities. - labor colonies;

▪ difficulties in social adaptation of persons released from punishment, and primarily from imprisonment. They arise in connection with the “exclusion” of the convicted person from the conditions of ordinary life of society, the weakening or even complete destruction of socially useful connections and the formation of antisocial connections instead, “getting used to” the regime and environment in places of detention, with mental disorders that appear as a result of long-term imprisonment in a closed and isolated system. In addition, the spread and imposition of criminal customs and traditions by criminals on each other has a very negative impact on prisoners.

Prevention of recidivism. The main direction of preventing recidivism is to create conditions that facilitate the adaptation of those released after serving their sentence to the conditions of free life, neutralizing the negative consequences of imprisonment. State bodies and public organizations should provide assistance in the employment and everyday life of persons who have served their sentences, as this contributes to faster and better social adaptation of these persons, which, in turn, leads to a decrease in the likelihood of relapse.

Another area of ​​recidivism prevention is social control over those who have served their sentences. The measures of such control are the placement of persons with alcohol, drug or other dependence (for example, the need for constant gambling is a psychological problem and is subject to treatment) in special medical institutions, the placement of persons without a fixed place of residence in educational and labor dispensaries, as well as establishment of administrative supervision of internal affairs bodies. Administrative supervision consists in public control over the behavior of the supervised person and compliance with the established legal restrictions, for example, the prohibition to leave home at certain times, stay in certain places, etc.

The most difficult is a special relapse. To prevent it, criminal penalties are used, such as a ban on holding certain positions for a certain time or engaging in a certain type of activity. If a special relapse is repeated more than once, then we have to admit that the criminal has undergone a transition to criminal professionalism.

Authors: Vasilchikova N.V., Kukharuk V.V.

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