Comparative Analysis of Recidivism and Other Types of Multiple Crimes in the Criminal Law of the Russian Federation

Abstract

Domestic criminal legislation today is in need of revising some of the provisions relating to the forms of multiplicity of crimes. These provisions are of particular importance in the framework of the process of qualification of crimes, including when choosing by the judiciary the rules for imposing criminal punishment. At the same time, increased attention should be paid to the process of qualifying the recidivism of crimes, since its use leads to aggravation of criminal punishment. The main purpose of the work is to analyze domestic legislation in order to delimit the recidivism of crimes from related institutions of criminal law. As part of the study, the main norms of criminal law devoted to the recidivism of crimes, as well as other similar institutions of criminal law, were studied in order to identify problematic points of contact. Also, an analysis of judicial practice was carried out to identify problems in the qualification of crimes with signs of recidivism. Based on the results of the work, it was concluded that it is necessary to revise some provisions of the criminal legislation of the Russian Federation in terms of delimiting the recurrence of crimes from related institutions. Thus, it is proposed to introduce a legal definition of the totality of sentences in the Criminal Code of the Russian Federation, which in practice is often confused with the institution of recidivism, which negatively affects the process of qualifying criminal acts. It is also possible to single out the rules for imposing punishment in the event that a person who has a criminal record for committing a crime commits a repeated crime, if such an act does not contain recidivism-forming signs (for example, the commission of an intentional crime by a person in the presence of an outstanding or unexpunged conviction that does not form a recidivism of the crime).