CRIMINOLOGICAL OPPORTUNITIES OF LEGISLATIVE FIXING OF A RECURRENCE OF MINORS
Rubrics: SCIENCE FORUM
Authors:
1.
Akademiya FSIN Rossii
Russian Federation
Russian Federation
2.
Friendship University of Russia
(criminal law, criminal procedure and criminalistics department, professor, alex62-60@yandex.ru)
Moskva, Russian Federation
Moskva, Russian Federation
Type:
Article
Pages:
from 367
to 371
Status:
Published
Received:
28.09.2017
Accepted:
28.09.2017
Published:
28.09.2017
Subject area:
UDK 343.235.1
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
criminal conviction, recidivism, crime of minors, imprisonment, imposing of punishment, criminological relevance, criminal policy, crime prevention
Abstract (English):
Perspectives of providing a legislative framework for recidivism of minors in the criminal legislation are considered. The offered new law in in the criminal legislation is debatable. However, by concidering statistics of criminality and privious conviction which allow to estimate efficiency of preventive measures, identifying persons committing the most serious crimes and also hard core criminals unfavourable tendencies are obvious. However the age of criminals isn’t indicative, as a share ratio of hard core criminals who are deprivated of libery again is equal under the minors and adults. This fact determinates the need of the research of this problem. The essentional purpose of such category as criminal conviction consists in an opportunity not only to define a group of persons whom the state has issued a warning of noncommitting new crimes by imposing more serious punishment legally, but also the most dangerous criminal persons. By means of criminological expert examination the norm must be edited. The practice shows, that introduction of beforementioned changes has essential perspectives.Critical approach to offers about recognition of recidivism of minors in some cases demonstrates the expansion of repressiveness of the criminal law. However the problem of recidivism, character and degree of public danger of the crimes committed by minors demands the appropriate reaction from the legislator. Development of special rules by imposeng penalties is necessary, if a person under eighteen has already served real sentence after committing a grave crime. The projection of a criminological recidivism to legal will allow to increase efficiency of fight against crimes and also to strengthen positions of the principle of justice in criminal policy of the state.
Perspectives of providing a legislative framework for recidivism of minors in the criminal legislation are considered. The offered new law in in the criminal legislation is debatable. However, by concidering statistics of criminality and privious conviction which allow to estimate efficiency of preventive measures, identifying persons committing the most serious crimes and also hard core criminals unfavourable tendencies are obvious. However the age of criminals isn’t indicative, as a share ratio of hard core criminals who are deprivated of libery again is equal under the minors and adults. This fact determinates the need of the research of this problem. The essentional purpose of such category as criminal conviction consists in an opportunity not only to define a group of persons whom the state has issued a warning of noncommitting new crimes by imposing more serious punishment legally, but also the most dangerous criminal persons. By means of criminological expert examination the norm must be edited. The practice shows, that introduction of beforementioned changes has essential perspectives.Critical approach to offers about recognition of recidivism of minors in some cases demonstrates the expansion of repressiveness of the criminal law. However the problem of recidivism, character and degree of public danger of the crimes committed by minors demands the appropriate reaction from the legislator. Development of special rules by imposeng penalties is necessary, if a person under eighteen has already served real sentence after committing a grave crime. The projection of a criminological recidivism to legal will allow to increase efficiency of fight against crimes and also to strengthen positions of the principle of justice in criminal policy of the state.
Keywords:
criminal conviction, recidivism, crime of minors, imprisonment, imposing of punishment, criminological relevance, criminal policy, crime prevention
criminal conviction, recidivism, crime of minors, imprisonment, imposing of punishment, criminological relevance, criminal policy, crime prevention
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