Theoretical Foundations and Criminological
Essence of Recidivism
Abstract. Recidivism is regarded as one of the most significant research areas in contemporary criminal law and criminology, reflecting the continuity and persistence of criminal behaviour. The purpose of this article is to examine the theoretical foundations and criminological essence of recidivism, to analyse existing scientific approaches to this phenomenon, and to evaluate the legal regulation of the institution of recidivism under the criminal legislation of the Republic of Azerbaijan. The research employs formal legal, comparative legal, systematic, and doctrinal research methods. The provisions of the Criminal Code of the Republic of Azerbaijan concerning recidivism, the relevant decisions of the Constitutional Court and the Supreme Court, as well as the scientific works of national and foreign scholars have been analysed. The findings demonstrate that recidivism should not be regarded solely as a criminal law institution. The recurrence of criminal behaviour is determined not only by previous convictions but also by a combination of criminological factors, including the offender's personality, social environment, legal awareness, and previous criminal experience. The study concludes that a comprehensive understanding of recidivism requires the integration of criminal law and criminological approaches. The findings contribute to a deeper theoretical understanding of the institution of recidivism and may serve as a scientific basis for improving both criminal legislation and future criminological research.
Keywords: recidivism, criminal law, criminology, offender personality, criminal behaviour, criminal conviction