CRIMINALISTICAL ASPECT OF THE CONCEPT OF RELAPSE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
Determination of the number of offenses committed by repeat offenders, providing such crimes criminalistical characteristics and developing methods of their investigation largely depends on understanding the meaning of a relapse. In scientific discussions in clarifying the concept of recurrence compete two basic approaches to its definition: criminal law and criminological. Exploring the concept of «relapse» within criminalistics, is to pay attention to the concept of relapse components that affect the mechanism of the crime and are important factors that contribute to certain features in investigating such crimes. In criminalistics the notion of «relapse» and «repeat offenders» appropriate to include features that indicate a past criminal conviction, regardless of whether it was taken or repaid. The main thing that draws the attention of criminalistics – a professional level offender due to his criminal experience, a fact which the data of the offender and the circumstances of his crime, a place of serving the sentence displayed and recorded on criminalistical accounting systems of IT Department of Internal Affairs of Ukraine and its regional (provincial, municipal) departments. Information about a person can be found in the archives of criminal proceedings. The fact that serving the sentence in prison makes the acquisition by a person of characteristics, including – criminal skills, attitudes, experience, criminal and domestic relations and so on. Establishing of relapse may influence the further course of the investigation in the case of skilled investigators using available information, to contribute to investigating crimes.
Authors and Affiliations
В. М. Касько
Keywords
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