The sphere of public relations at all times had its own specifics. After all, society is formed on the basis of the actions of the people who are directly members of it. As we understand it, human actions can be both positive and extremely negative. In this case, absolutely any active act will in its own way affect the world around us.
The theory of public relations has developed a long time ago. As you know, already in Ancient Rome there were laws that regulated this area of human life. Of course, in addition to the usual interactions within society, there were often moments when individuals grossly violated the established orders and rules. Therefore, the scope of law began to expand. Since the area of illegal activity had to be controlled, it was also public relations.
Today, such a legal branch is criminal law. Its provisions regulate a large number of issues related to the implementation by individuals of socially dangerous acts. It should be noted that some crimes are often committed more than once by individuals. This fact makes it possible to talk about such a specific legal category as relapse.
Criminal Law: Industry Features
Concept and types recidivism - This is the sphere of regulation of the criminal legal industry. To understand the presented institute, it is necessary to analyze the industry itself. Thus, criminal law is a set of rules that govern relations in the field of committing socially dangerous acts by people. Also, this industry regulates the application of criminal liability measures to perpetrators. It follows that criminal law is a “legal shield” that helps the state protect society from the extremely negative sphere of activity of the immoral strata of society. As for the most crime categories then it is an independent institution, which is endowed with a number of rather interesting characteristics.
What is a crime?
A socially dangerous act is a banal offense. That is, this is one of the types of social behavior that is incorrect from a legal point of view. The criminal legal interpretation suggests that a crime is an extremely dangerous act, the commission of which allows certain criminal liability measures to be applied to a person. As a rule, such offenses are distinguished from the general mass by such features:
- they are prohibited by a special regulatory act, namely the Criminal Code;
- such acts have an extremely high level of danger;
Thus, crimes inflict invaluable damage on both the state and society as a whole. However, such acts, committed repeatedly, are even more harmful. In this case, it is a relapse.
The concept of relapse
The repetition of crimes has been of interest to criminal theorists and practitioners of law enforcement and judicial authorities for decades. Indeed, the acts committed in this case have an even greater degree of public danger in comparison with other violations of the legal sphere. Thus, a concept such as relapse was deduced, which very soon became a separate legal institution with its own characteristics and even types. In this case, a logical question arises: what is this category? Relapse from the point of view of criminal law is the fact of an individual committing a new crime,while past convictions have not been withdrawn or have not been extinguished legally. Thus, the presented term is characterized by the action of a person to whom negative state restrictions in the form of a criminal record are still applied. It should be noted that relapse is an aggravating circumstance not only in the Russian Federation, but also in many other countries of the world. 
The history of relapse in the criminal law of the Russian Federation
It should be noted that the concept and types of relapse have been known to the legal sphere of Russia for a long time. For example, already in the Cathedral Code of Tsar Alexei Mikhailovich in 1649, the recurrence of the crime was an aggravating factor. The main criteria for relapse of this period were as follows:
- only identical crimes should be repeated;
- the person must serve or be in the process of serving a sentence for a crime committed earlier;
As we can see, even in those days the relapse design was developed quite competently. In all subsequent centuries, the institute was substantially modified. This has led to the fact that in the Russian Criminal Code today there is a construction of relapse, which plays its actual role.
Institute Features
In the science of criminal law, relapse is not considered a uniform category. It is considered comprehensively as the main indicator of crime of the same name. In this case, relapse, concept, types, the meaning of which are presented in the article, is characterized by the following features:
- the multiplicity, that is, any relapse is another crime;
- separate specialization (commission of homogeneous crimes);
- differentiation (committing by a person exclusively heterogeneous crimes).
Institute classifications
Relapse of crimes, the concept, types, the meaning of which are known to every lawyer, can be divided into several main groups. After all, this institution is an extremely multifaceted phenomenon. This makes it possible to highlight its most characteristic features and, of course, individual interpretations of this category. It should be noted that there are many classifications of this criminal law institution. All of them are based on various criteria. To date, there are two main classifications:
1) Legislative. In this case, the Criminal Code plays a role, which gives its own legal classification of the institution of relapse.
2) Classification of criminal law. It is based on the number of crimes committed by an individual previously, sentences served, etc.
It is on the basis of the presented groups of signs that types of relapse of crimes can be distinguished.
Legislative classification
The main source of criminal law is the Criminal Code. This normative act contains the norms that characterize many industry institutions. Based on its provisions, the following types of crime recurrence can be distinguished:
- simple;
- dangerous;
- especially dangerous.
All types of relapses in this case have a strict legal framework. They allow you to correctly qualify the acts of a person. It should also be noted that relapse is an aggravating circumstance. In this case, the criminal punishment may also be more severe if serious and especially serious acts are committed within the framework of the said institution.
Characterization of legislative recurrence
As mentioned earlier, the presented type of institution has clear legal boundaries. For example, a simple type of relapse according to the Criminal Code of the Russian Federation can be recognized as such in the following cases:
1) A person commits a crime and receives a sentence of imprisonment. Moreover, this person had previously been convicted of a deliberate crime.
2) A person commits a socially dangerous act of moderate gravity with the condition that he has previously committed a crime of the same severity.
That is, in this case, relapse criteria are shown that characterize its simplest form. Within the legislative classification, there are two more characteristic types. In this case, a dangerous relapse is characterized by the following features:
1) A person commits a serious crime and receives a sentence of imprisonment for him. In addition, this person has already been prosecuted in the form of imprisonment for crimes of medium gravity.
2) A person is convicted of a serious crime, after he had previously been convicted of a serious or especially serious crime.
As we understand, the most detrimental effect for a criminal is a particularly dangerous relapse. From the point of view of legal qualifications, it leads to the most negative consequences. A particularly dangerous relapse can be recognized as such if a person committed the following acts:
1) A person is sentenced to imprisonment for a serious crime, while he has already been convicted of real imprisonment for similar offenses two or more times.
2) A person commits a particularly serious crime. Moreover, it had previously been convicted of a serious or especially serious crime.
As we see, this classification shows the types of relapses that are enshrined in article 18 of the Criminal Code of the Russian Federation. In addition to the presented gradation, there is another division based on specific criteria.
Criminal Classification
As mentioned earlier, there are several main classifications of the institute presented in the article. Thus, the criminal law types of relapse are general and special types. They are distinguished not on the basis of a legal, legal fact, which can be found in the article of the legislative act, but through the characteristic features of the act of the criminal himself. In this case, relapses are divided according to the type of crime committed and the place of its implementation.
General and special types of relapses
The criminal legal classification makes it possible to distinguish the following varieties of the institution indicated in the article:
1) General relapse involves a person committing crimes of a heterogeneous nature.
2) Special view is the exact opposite. It is characterized by the commission of identical or homogeneous socially dangerous acts.
In some cases, scientists also supplement the presented types of relapses with a penitentiary type of institution. It is characterized by the fact that a person who lives directly in places of deprivation of liberty commits a new deliberate socially dangerous act.
The role of the institute in criminal law
The types of relapse of the criminal code play the most significant role in the process of assigning punishment to a person for one or another dangerous act. In a court of law, the presence in a person’s actions of a presented criminal phenomenon becomes an aggravating circumstance. In addition, relapse greatly affects the choice for a person in a correctional facility. As a rule, a particularly dangerous form of this institution entails a stay in prison or correctional special regime colonies.
Conclusion
So, you have learned the concept and types of relapse as a criminally legal concept. It should be noted that for the practical application of this legal industry, the institution presented is a significant factor. Therefore, it is necessary to study and develop practical instructions for the effective use of the category.
