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CRIMINAL RECORD AS A QUALIFYING ELEMENT OF AN OFFENCE IN THE MODERN CRIMINAL LEGISLATION



M.N. Sipyagina
mayya12@yandex.ru
a Lecturer at the Department of Criminal Law Disciplines, State Institute of Economics, Finance, Law and Technology, a PhD student at the Department of Criminal Law, the Herzen State Pedagogical University of Russia
St. Petersburg

Keywords:

  • qualified offense under aggravating circumstances
  • criminal record
  • multiple
  • special recidivism
  • recidivism
  • strengthening of criminal repression
  • The article focuses on relevant issues dealing with reformation of the system of multiple crime namely to assessment of distribution of qualified offenses dealing with aggravating circumstances from 2012 to 2016 in certain articles of the Criminal Law.
    The article is composed of three parts: defining the place of qualified offenses in the system of multiple crime, analysis of law enforcement practice related to some types of crime, the author's own perception and vision of the development of legislation related to the subject concerned.
    On the bases of the study results the author has made a conclusion about inexpedience of the said qualified offences from the point of view of legal techniques and common principles of criminal law. Besides the author reaffirms previously raised suggestion about the need for reforming the institution of crime repetition and the common provisions concerning application of the penalty for different types of recidivism.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5