Recidivism

The institution of recidivism, which is regulated under the title of security measure in Article 58 of the Turkish Penal Code No. 5237, has emerged as a result of the idea of creating a difference between a person who commits a crime for the first time and someone who commits a crime more than once and the aim is to prevent individuals who commit a crime for the first time from committing a second crime and to increase the deterrent effect by applying a different execution regime to individuals who commit more than once from those who commit crimes for the first time. Recidivism (repetition of a crime) occurs in the event that a second crime is committed with in the time limits stipulated in the Law, after the penalty of a previously committed crime is finalized. Recidivism is a criminal law institution that concerns both substantive criminal law and execution law, and in accordance with the Turkish Penal Code, in the case of recidivism, the punishment of the offender is not in creased, only the execution of the punishment is made more difficult and the way of execution is changed. The person who commits a crime again is subject to a private execution regime and a probation measure is applied after the execution of the sentence. Thus, the periods of release on probation are extended, the convicted person is kept in the penitentiary institution for a longer period of time, and after the execution of the sentence, a probation measure is implemented to prevent the offender from committing a crime again, and aims to the re-entry of them into society. Due to it's importance in terms of criminal law, the subject of "recidivism" was discussed in our study, in addition to general information about the institution of recidivism, the development process of recidivism in our country and in other countries'laws, the conditions of recidivism in accordance with the Turkish Penal Code No. 5237, it simple mentation in terms of time and it's consequences were mentioned. Keywords:Criminal Law, Recidivism, Repeat Offender, Execution Regime, Probation