Criminal-legal category "administrative-pre-traditional recidivism": characteristics and legal consequences

Автор: Sumachev A. V.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовное право

Статья в выпуске: 4 (31), 2021 года.

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The article initially names scientists who have been actively investigating the problem of administrative prejudice in criminal law for the past fifteen years. Further, the norms providing for crimes with administrative prejudice are indicated. Then the meaning of the term “relapse” established in theory and legislation is determined and its types are indicated. It is stated that the use of the term “recidivism” is quite applicable to cases when we are talking about the commission of an act provided for in the norms of the Special Part of the Criminal Code of the Russian Federation by a person who was previously subjected to administrative punishment for a similar act. It is proposed to define such a relapse as an “administrative-pre-traditional relapse”. In conclusion, some legislative proposals are formulated regarding the commission of crimes with administrative prejudice.

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Recidivism, recidivism of crimes, administrative prejudice, administrative-pre-traditional recidivism

Короткий адрес: https://sciup.org/14121574

IDR: 14121574

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