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Publication date: 04.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The terms "repetition", "cumulative" and "recidivism" are used in criminal law to describe the resumption of criminal activity by a person who has previously committed crimes. Here are their definitions:
Repetition of crime: This is a case where a person who has already been convicted of a crime commits a new crime. Repetition can be considered as an aggregation of circumstances when deciding the issue of punishment for such a person.
Cumulative Crimes: Cumulative crime refers to a situation where a person commits multiple crimes in a given period of time, none of which he has been convicted of. In criminal proceedings, the totality of crimes may influence the determination of the total sentence for that person.
Recidivism: Recidivism means the repeated commission of an intentional crime by a certain person after serving a sentence for previous intentional crimes.
Legal features of repetition of criminal offenses:
The repetition of criminal offenses has its own important legal features, which can affect qualifications, punishment and justice procedures. Repeated commissions of a particular offense may result in more severe classifications and penalties. For example, in many countries the law may provide for increased liability and harsher penalties for individuals with a prior record of similar offenses. Laws may limit and increase penalties for repeat criminal offenders. The court may impose additional conditions on individuals with a record of repeat offenses, such as mandatory rehabilitation programs, monitoring, or a prohibition on contact with associates. The legislation also defines the main signs of repetition, namely: the commission of two or more offenses that are provided for in the same article or part of one article of the Criminal Code; if for the offense that the person previously committed was released from liability or was expunged, the conviction for this offense was expunged or the person served the sentence, repetition is excluded (Article 32 of the Criminal Code), offenses constituting repetition can be committed at different times, that is they can be separated by quite significant periods of time.
Analysis of the main aspects of a set of criminal offenses:
A set of criminal offenses can include different types of crimes and include a wide range of offenses committed in a specific area or period of time. Some sets of criminal offenses may use specific mechanisms of commission, such as the use of false documents, technological means or social engineering methods. A pattern of criminal offenses may be systematic, meaning that they are committed with a certain regularity or plan. Offenses committed in the aggregate are qualified separately under the relevant article or part thereof. As for the main features of the aggregate, these include the following: the aggregate may include various criminal acts, but they may be of a general nature or be similar in methods of commission; the offenses that constitute the aggregate must be provided for in different articles or different parts of one article of the Criminal Code, and also that the person should not be convicted for any of the offenses committed.
Legal assessment of the characteristics of recidivism of criminal offenses:
In Ukraine, the qualification of recidivism of criminal offenses is regulated by the Criminal Code of Ukraine and other legislative acts. Recidivism may affect the penalty provided for the new criminal offense. Typically, repeat offenders face harsher penalties. Recidivism can be recognized as general (for any criminal offenses) or special (for certain types of crimes, such as drugs, corruption, etc.). Legislation may provide for special restrictions or additional supervision for persons determined to be repeat offenders. A certain time frame is usually established for recognition of recidivism, for example, the commission of a new crime within a certain period after serving the sentence for previous convictions. The main legal features of recidivism of criminal offenses are: the form of guilt of those offenses that make up this plurality must be intentional; the new offense must be committed before the conviction for the prior offense is expunged or expunged.
Consultation with a criminal lawyer in case of multiple criminal offenses:
During the process, a criminal lawyer plays an exceptional role as an active participant endowed with appropriate powers. A criminal lawyer will collect exculpatory evidence, conduct a legal analysis of the situation, participate in investigative actions, file petitions, complaints and prepare other procedural documents, and implement a defense strategy. Consequently, a criminal case is a rather complex process that requires constant, comprehensive legal opinion.
