Recidivism among the convicts deprived of the right to hold specific posts or to engage in specific activities

The author examined more than 3000 convicts deprived of the right to hold specific posts or to engage in specific activities who have been registered with the probation departments of the Federal Service for the Execution of Sentences for the last 10 years. The article provides criminological characteristics of both the convicts and crimes committed by those deprived of the right to hold specific posts or to engage in specific activities and gives the analysis of the dynamics and structure of their recidivism. The most criminogenic category of the convicts deprived of the right to hold specific posts or to engage in specific activities has been separated from the viewpoint of their previous (first) criminal activity. The author substantiates the following conclusions: a proposed supplement 6 to Article 47 of the Criminal Code of the Russian Federation (CC of RF) should involve the possibility to substitute the punishment imposed as a primary one in case of malicious evasion from serving a sentence; the grounds for prosecution under Article 315 of the CC the RF should be extended. Taking into account the fact that most recidivists were jobless when sentenced and penal legislation does not provide for labor as a non-punitive educational measure, Article 47 of the CC of the RF should enable the courts to sentence the convicts deprived of the right to hold specific posts or to engage in specific activities to work. The duty to labor should be imposed if deprivation of the right to hold specific posts or to engage in specific activities is a primary punishment or if it is an additional one to fines, compulsory works and conditional sentences. Those who have served their sentences in prisons should also be placed under the duty to work.

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