reincidência

Reincidência refers to the act of a person committing a new crime after having already been convicted of a previous crime. In legal systems, this concept often carries significant weight, influencing sentencing decisions and the application of specific legal provisions. The definition and consequences of reincidência can vary considerably between jurisdictions. Generally, it implies a pattern of criminal behavior, suggesting that previous legal interventions have not deterred the individual from further offenses.

The determination of reincidência typically involves establishing a final conviction for a prior offense. This prior conviction must usually be for a crime committed before the commission of the new offense. Some legal frameworks distinguish between reincidência general and reincidência específica, where the latter applies when the new crime is of the same nature as the previous one. The legal effects of reincidência can include harsher penalties, denial of certain benefits such as suspended sentences or probation, and a longer period of time during which the individual is considered to be at risk of recidivism.

The concept is central to criminal justice policies aimed at rehabilitation and public safety. While some argue that reincidência highlights the failure of correctional systems, others see it as a necessary factor in ensuring accountability and protecting society from repeat offenders. The study of reincidência is a significant area of criminological research, seeking to understand its causes and develop more effective strategies to prevent it.