Recidivism
Criminal Law – Recidivism
The notion of recidivism is dealt with in Book First – Penal Laws Part 1 Title V in sections 49-54 of the Criminal code. When dealing with the notion of suspended sentence, it was stated once a person is a recidivist, the punishment is aggravated. The question is whether it is right that a person who commits a subsequent offence ought to be punished more severely that a ‘first time’ offender. There are two schools of thought that deal with this:
1. The first school states that, given that an offender has been punished and he has served his punishment, then the effects of the offence are negatived. Therefore, the commission of the first offence should be completely irrelevant in so far, as punishment for the second offence, is concerned.
2. The other school on the other hand argues that the punishment of the first offence was not of enough deterrence for the offender. Carrara, Manzini and Impallomeni thus stated that the offender should be subject to a harsher punishment, because by committing another crime it shows that the offender is criminally inclined.
In Malta, strictly speaking legislators subscribe to the second theory. When reading the sections of the law, we realise that we subscribe to the second school, with however some reservations. Thus, a person who commits another offence, ought to be punished harsher for the second offence, but with certain limitations.
There is a distinction between i. one person who is a recidivist under section 49 of the Criminal code and ii. a recidivist who ought to be punished more harshly. Indeed, not every recidivist under section 49 ought to be punished in a severer manner. The definition of recidivism is found in section 49 of the Criminal code:
49. A person is deemed to be a recidivist, if, after being sentenced for any offence by a judgment which has become absolute, he commits another offence.
Firstly, the judgement must be one, which has become res judicata;
The notion of recidivism is dealt with in Book First – Penal Laws Part 1 Title V in sections 49-54 of the Criminal code. When dealing with the notion of suspended sentence, it was stated once a person is a recidivist, the punishment is aggravated. The question is whether it is right that a person who commits a subsequent offence ought to be punished more severely that a ‘first time’ offender. There are two schools of thought that deal with this:
1. The first school states that, given that an offender has been punished and he has served his punishment, then the effects of the offence are negatived. Therefore, the commission of the first offence should be completely irrelevant in so far, as punishment for the second offence, is concerned.
2. The other school on the other hand argues that the punishment of the first offence was not of enough deterrence for the offender. Carrara, Manzini and Impallomeni thus stated that the offender should be subject to a harsher punishment, because by committing another crime it shows that the offender is criminally inclined.
In Malta, strictly speaking legislators subscribe to the second theory. When reading the sections of the law, we realise that we subscribe to the second school, with however some reservations. Thus, a person who commits another offence, ought to be punished harsher for the second offence, but with certain limitations.
There is a distinction between i. one person who is a recidivist under section 49 of the Criminal code and ii. a recidivist who ought to be punished more harshly. Indeed, not every recidivist under section 49 ought to be punished in a severer manner. The definition of recidivism is found in section 49 of the Criminal code:
49. A person is deemed to be a recidivist, if, after being sentenced for any offence by a judgment which has become absolute, he commits another offence.
Firstly, the judgement must be one, which has become res judicata;