THE RECOVERY OF CRIMES
(From the Latin word "reviving, returning") is the kind of plurality of crimes.
RP is the commission of an intentional crime by a person who has a conviction for a previously committed intentional crime.
RP is characterized by the fact that a person serving or serving a criminal penalty for a previously committed willful crime, if he has a criminal record, commits a new premeditated crime. Relapse
Crimes is a circumstance aggravating punishment, accordingly, it leads to a more severe punishment.
The features of RP are:
1) a person commits two or more acts, the last crime being committed by him after his conviction for a crime previously committed;
2) a previous conviction for a crime committed should not be withdrawn and not
Extinguished. A conviction for a crime committed by a person under the age of 18 is not considered;
3) R. form only intentional crimes.
Kinds of R., depending on the degree of public danger:
1) simple (general). General R. - the commission of a previously convicted person any new intentional crime, legally different (not identical) from the previous one;
2) dangerous R. Opasnym R. admits:
A) commission by a person of an intentional crime for which he is convicted to imprisonment, if earlier this person was twice convicted to imprisonment for an intentional crime;
B) commission by a person of an intentional grave crime, if earlier it was convicted for an intentional felony;
3) the penitentiary. Penitentiary R. is a situation where a person who has previously been sentenced to deprivation of liberty for a new crime is sentenced to imprisonment;
4) especially dangerous. There are three signs of a particularly dangerous R .:
- a person has previously been convicted three or more times for imprisonment for a serious or intentional crime of medium gravity and again commits an intentional crime for which he is sentenced to deprivation of liberty. Feature of this option:
A) in the number of previous convictions (three or more);
B) in the categories of crimes for which the person was previously convicted. The subsequent acts can be of any severity:
- a person has previously been tried for a particularly serious crime or twice for a serious crime and again commits a serious crime. In this case, the conditions relating to previous convictions are changed;
- a person has previously been convicted for an especially grave or serious crime, i.e. The category of crimes for which a person was previously convicted has been expanded.
Recognition of RP does not take into account:
1) convictions for intentional crimes of small gravity;
2) convictions for crimes committed by a person under the age of 18;
3) convictions for crimes, the conviction for which was recognized as conditional or for which a deferment of performance was granted
Sentence, if conditional conviction or suspension of the execution of the sentence was not abolished and the person was not sent to serve the sentence in places of deprivation of liberty, as well as convictions that were withdrawn or extinguished.
The social essence of RP is reduced to an increase in the degree of a person's social danger and the presence in his psyche of a persistent antisocial attitude, a tendency to commit socially dangerous acts.
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