RECIDIVISM – A FORM OF MULTIPLE OFFENSES

Abstract

The notion of multiple offenses is regulated by the current Criminal Code in Title II concerning the offense, Articles 38-45, and encompasses three forms: the concurrence of offenses, recidivism, and intermediary plurality. Among these forms, recidivism is regulated by Article 41 of the Criminal Code. According to this article, "recidivism occurs when, after a final conviction to a prison sentence of more than one year and until rehabilitation or the expiration of the rehabilitation term, the convict commits a new offense with intent or aggravated intent, for which the law prescribes a prison sentence of one year or more. Additionally, recidivism also occurs when one of the penalties is life imprisonment." (Florin Streteanu, 2010). The issue of recidivism generates interest in the current landscape due to the enormous expenses incurred by the justice system in this regard and the consequences this phenomenon has on society. The public perception of recurring criminal behaviors and prolonged sentences is associated with a reduction in the chances of social reintegration for inmates.