The Recurrence and Repeated Execution Regime in 5 Steps

The Recurrence and Repeated Execution Regime in 5 Steps. Recidivism is an important institution in criminal law. The repetition of crime is intended to be prevented with this institution. Furthermore, individuals prone to committing crimes are also deterred. Recidivism carries great importance for the preservation of social order. Within this scope, what the concept of repeat offender means is also frequently asked. How the execution regime is applied is also a matter of curiosity. In this article, the concepts of recidivism and repeat offenders will be examined. Additionally, the special execution regime for repeat offenders has been explained in detail.

1. What is Recidivism and What are its Conditions?

Recidivism is the commission of a new crime by a convict after a previously finalized sentence. Recidivism is regulated by Article 58 of the Turkish Penal Code. With this regulation, it is understood that the person has not been rehabilitated in the correctional institution. Therefore, somewhat heavier sanctions are applied to the person.

Certain conditions must be met for recidivism to occur. First, the sentence given for the first crime must be finalized. It is mandatory that the second crime was committed after this finalization. Whether the first sentence has been executed or not is not important.

Two types of recidivism are mentioned in the law. These are called legal recidivism and special recidivism. Different periods are determined according to the type of penalty imposed. For instance, the periods begin to run from the date the prison sentence was executed. Three years must pass for prison sentences of five years or less. Five years must pass for prison sentences longer than five years. If a new crime is committed within these periods, the provisions of recidivism are applied. Furthermore, a distinction has also been made between intentional crimes and negligent crimes.

2. What is a Repeat Offender and Their Place in Criminal Law

A repeat offender is a person to whom the provisions of recidivism are applied. That is, a person previously received a penalty for a crime committed. They also committed their subsequent crime after this finalized judgment. Repeat offenders have a special position in the criminal law system. Certain special execution rules are applied to repeat offenders.

Repeat offenders are categorized according to the number of times recidivism has occurred. First-time recidivism and second-time recidivism are these distinctions. The amount of the penalty does not change in first-time recidivism. However, the execution regime shows differences. The situation is somewhat more severe for second-time repeat offenders. The supervised release conditions for a second-time repeat offender are more challenging. The concepts of recidivism in crime and repeat offenders are closely related. Recidivism is a legal situation. The repeat offender is the person who emerges as a result of this situation.

3. Recidivism Penalty Calculation Methods

The recidivism penalty calculation process gains importance at the execution stage. The amount of the penalty imposed in case of recidivism is not increased. However, the manner of executing the penalty changes. This means that the period the convict will remain in prison is extended.

An increase in the penalty may come up in the event of second-time recidivism. However, this situation must be clearly specified in the law. Recidivism usually appears as a factor extending the period of conditional release. The calculation of the special execution regime for repeat offenders comes into play at this point. With this special regime, a certain ratio of the prison sentence is stipulated to be spent in the correctional institution. For example, three-quarters of the prison sentence may be executed instead of two-thirds.

4. Special Execution Regime for Repeat Offenders

The special execution regime for repeat offenders is regulated in Article 108 of the Execution Law numbered 5275. This regime aims for the rehabilitation of repeat offenders. Furthermore, the reintegration of these individuals into society is targeted. The application of this regime is mandatory.

Different rules have been determined for first-time repeat offenders. Their periods of conditional release have been extended. They are expected to spend a certain portion of their sentences in prison. In the event of second-time recidivism, the execution regime is more severe. For instance, three-quarters of the sentence is spent in the correctional institution, provided the person is well-behaved. The correct calculation of these periods is of great importance. The special execution regime for repeat offenders is a part of the criminal justice system.

5. Repeat Offenders and Supervised Release Applications

Supervised release is an institution that allows convicts to spend the final stage of their sentence periods outside. However, these conditions differ for repeat offenders. The extension of the conditional release period also affects supervised release.

The supervised release application for a second-time repeat offender has been specially regulated. Normal convicts benefit from supervised release earlier. However, this period is much shorter for second-time repeat offenders. They cannot even benefit from this right in some cases. Care must be taken when calculating the special execution regime for repeat offenders. The supervised release period is applied when the remainder of the sentence is one year or less. The status of recidivism changes how this one-year period is calculated.

The Recurrence and Repeated Execution Regime in 5 Steps. The institutions of recidivism and repeat offenders are among the cornerstones of criminal law. The prevention of crime has been targeted with these institutions. The special execution regime for repeat offenders also serves this purpose. These regimes supervise individuals prone to committing crimes more strictly. Thus, public safety is increased. These subjects should be evaluated by a legal expert.