Recidivism as a criterion for the effectiveness of penalties not related to deprivation of liberty

The concept of "recidivism" (from Latin "recidivus" - recurring) is used in various branches of knowledge: psychology, medicine, jurisprudence. Recidivism in the most general form means the repetition of a phenomenon after its apparent disappearance. This concept is interpreted differently in various branches of criminal science: criminal and penal (correctional) law and criminology. Obviously, the doctrine of criminal law defines, determines and investigates recidivism primarily in terms of differentiation and individualisation of criminal liability and penalties types of repeated crimes. Criminal recidivism presupposes that the person has already been convicted and sentenced to real punishment for committing only grave, extremely serious intentional crimes or intentional crimes of medium gravity. Therefore, it is impossible to speak from criminal positions about the recidivism of crimes in minors, probationers or those sentenced to punishments not related to deprivation of liberty. The subject of criminology is criminality in all its manifestations, including the reasons for committing incautious crimes, or at a minor age. Thus, criminology has a broader concept of recidivism as a real phenomenon of objective reality, which is substantially broader than its criminal definition. The commission of a new crime by a person with a criminal record not only indicates the relatively greater public danger of the perpetrator, but also defines a "problem field" for the activities of the criminal justice authorities, which, according to international legal interpretations, include all specialised state agencies conducting criminal prosecution, criminal justice and execution of punishment. Recidivism can testify the effectiveness as well as inefficiency of punishment (achievement of the goals of punishment for a specific offender) or other legal measure. Prior to being registered with the inspection (the beginning of execution of the sentence imposed on him by the court), the convict may again commit a crime. The author believes that the term "pre-penitentiary" recidivism better reflects the situation outlined above. So, it makes sense, along with a "penitentiary" and "post-penitentiary", to distinguish pre-penitentiary recidivism, if it concerns punishments that are not related to actual deprivation of liberty. "Pre-penitentiary" and "early penitentiary" recidivism demonstrate errors of the courts in selecting a specific penalty not related to imprisonment. The criminological concept of recidivism helps to formulate a correct judgment about the identity of the criminal, the degree of their public danger and criminal "infestation" in imposing a punishment. Of all the diverse types of criminological recidivism, it is expedient to distinguish its legally significant types. For instance, the study of pre-penitentiary, penitentiary and post-penitentiary recidivism in cases when measures alternative to deprivation of liberty are executed allows identifying the "most" criminally affected" period from the moment of registration and deregistration of convicts in penitentiary inspectorates. The study of criminological recidivism allows deeper investigation of recidivism, its causes, and the personality of convicted recidivists to predict their behaviour, determine the most effective measures to prevent recidivism, and, finally, to enrich the prognostic potential of criminology.

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