SIR LEON RADZINOWICZ

Abstract

The grpup of persistent offender was the focus of 1939 in criminal law, criminal politics and modern criminology perspectives. In this study, which has an important place in terms of studying the way of punishment of persistent offenders, which has been included in very few studies from the point of view of Turkish Law on Criminal Execution today it is being examined that, types of execution in their categories which are application of the increased punishment, the usual punishment, single-track system, double- track system, indeterminate sentence about the criminal execution or punishment of the persistent offenders and the provisions of the Criminal Justice Bill of 1938, which is being prepared to enter into force to complement the missing aspects of the Crime Prevention Act of 1908. According to the author's opinion, the criterion that should be taken into account in all these forms of punishment for incarceration of persistent offenders is the criterion of the danger posed by a persistent offender on society, that is, the subjective criterion. In the author's opinion, the reason for the small number of studies conducted by the prison administration on persistent offenders is the lack of enthusiasm of these offenders to become correctional. To put it more clearly, why should one work for the breeding of groups of criminals who insist on repetition, when there are groups of criminals who are more eager to be reformed? In the study, the answer to this question is investigated and it is emphasized that the problem of persistent offenders will not be solved no matter how well the system is functioning.