Is mandatory isolation for two years a recidivist?

1. Compulsory drug rehabilitation is a kind of administrative compulsory measure, not even administrative punishment, let alone criminal punishment, so the crime of credit card fraud later is not a recidivist, and the recidivist is required to re-offend within five years of the release of the previous crime.

2. The law does not clearly stipulate that a suspended sentence cannot be given if you have been forced to undergo drug rehabilitation, so it is theoretically possible to be sentenced, but whether a suspended sentence can actually be given depends on the circumstances of the case. If the crime is not serious, credit card fraud is a property crime, and the court will impose a fine and you are willing to pay it, you may be given a suspended sentence.

The definition of recidivism and the conditions for probation are detailed in the Penal Code

Article 65: Criminals who have been sentenced to fixed-term imprisonment or higher who, after the completion of the sentence or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher within 5 years of completing the sentence or being pardoned, are recidivists and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.

The period provided for in the preceding paragraph is calculated from the date on which the parole period is completed for criminals released on parole.

Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

If you are satisfied, thank you!

No, the two natures are different, probation is unlikely, it depends on the amount of fraud and is judged, and if you perform well during the service, you can be suspended.

It's not a crime, let alone a recidivist, it's just an ordinary person who is sick and has to be hospitalized, and don't have stubbornness.

Hello, according to the provisions of the "Drug Treatment Law of the People's Republic of China", during the period of compulsory isolation for drug rehabilitation, if there is one of the following circumstances, a one-year drug rehabilitation period can be added:

1.Persons who have been rehabilitated from drug addiction have not received education in accordance with the regulations;

2.The person who has been rehabilitated from drug addiction has not received drug rehabilitation as required**;

3.Failure to participate in community management of drug rehabilitation in accordance with regulations; Count closed.

4.Failure to fulfill the obligation of drug rehabilitation in accordance with regulations;

5.Persons receiving drug treatment fail to participate in drug rehabilitation observation in accordance with regulations;

6.Persons receiving drug treatment fail to participate in the administration of drug rehabilitation in accordance with regulations;

7.Failure to participate in drug rehabilitation education in accordance with regulations;

8.Persons who have been rehabilitated from drug addiction do not participate in drug rehabilitation as required**;

9.Failure to participate in community management of drug rehabilitation in accordance with regulations;

10.Persons receiving drug treatment fail to participate in drug rehabilitation observation in accordance with regulations;

11.Persons receiving drug treatment fail to participate in the administration of drug rehabilitation in accordance with regulations;

12.Drug addicts fail to participate in drug rehabilitation education in accordance with regulations;

13.Persons who have been rehabilitated from drug addiction do not participate in drug rehabilitation as required**;

14.Failure to participate in community management of drug rehabilitation in accordance with regulations;

15.Persons receiving drug treatment fail to participate in drug rehabilitation observation in accordance with regulations;

16.Persons receiving drug treatment fail to participate in the administration of drug rehabilitation in accordance with regulations;

17.Failure to participate in drug rehabilitation education in accordance with regulations;

18.Persons who have been rehabilitated from drug addiction do not participate in drug rehabilitation as required**;

19.Failure to participate in community management of drug rehabilitation in accordance with regulations;

20.Persons receiving drug treatment fail to participate in drug rehabilitation observation in accordance with regulations;

21.Persons receiving drug treatment fail to participate in the administration of drug rehabilitation in accordance with regulations;

22.Failure to participate in drug rehabilitation education in accordance with regulations;

23.Persons who have been rehabilitated from drug addiction do not participate in drug rehabilitation as required**;

24.Failure to participate in community management of drug rehabilitation in accordance with regulations;

25.Addicts do not follow the rules.

Hello, according to Article 16 of the Law of the People's Republic of China on Drug Rehabilitation, there are several situations in which drug addicts are forcibly isolated for drug rehabilitation for one year:

1. Persons receiving treatment of drug addiction fail to complete compulsory isolation for drug rehabilitation in accordance with regulations;

2. Persons receiving treatment of drug addiction fail to participate in drug rehabilitation education and vocational training in accordance with regulations;

3. Persons receiving treatment of drug addiction who fail to participate in drug rehabilitation in accordance with regulations;

4. Persons receiving treatment of drug addiction fail to receive social education in accordance with regulations;

5. Persons receiving treatment of drug addiction fail to participate in social practice activities in accordance with regulations;

6. Persons receiving treatment of drug addiction fail to participate in other activities prescribed by the drug treatment management institutions in accordance with regulations;

7. Persons who have been in drug rehabilitation and have not reported the relevant situation of the drug treatment management institution in accordance with the regulations;

8. Persons receiving treatment of drug addiction fail to report to the administrative institution for drug rehabilitation in accordance with regulations;

9. Persons receiving treatment of drug addiction fail to accept the management of drug treatment institutions in accordance with regulations;

10. Persons receiving treatment of drug addiction fail to accept the inspection of the drug treatment management institution in accordance with the regulations;

Ten. 1. Persons receiving treatment of drug addiction fail to participate in the assessment of drug treatment management institutions in accordance with regulations;

Ten. 2. Persons receiving treatment of drug addiction fail to participate in the supervision and inspection of drug treatment management institutions in accordance with regulations;

Ten. 3. Persons receiving treatment of drug addiction fail to participate in other activities of drug treatment management institutions in accordance with regulations;

Ten. 4. Persons receiving treatment of drug addiction fail to participate in the treatment of drug addiction in drug treatment management institutions in accordance with regulations;

Ten. 5. Persons receiving treatment of drug addiction who fail to participate in the socialized management of drug treatment by drug treatment management institutions in accordance with regulations;

Ten. 6. Persons receiving treatment of drug addiction fail to participate in the observation of drug treatment in drug treatment management institutions in accordance with regulations;

Ten. 7. Persons receiving treatment of drug addiction fail to participate in the identification of drug treatment in drug treatment management institutions in accordance with regulations;

According to Article 36 of the Law of the Chinese People's Republic of China on Drug Rehabilitation, during the period of drug rehabilitation, a person who is forcibly isolated for drug rehabilitation will be subject to a one-year compulsory isolation period if he commits the following behaviors during the drug rehabilitation period:

1) Failure to participate in drug rehabilitation education in accordance with regulations, or refusal to accept drug rehabilitation education;

2) Failure to participate in drug treatment management in accordance with regulations, or refusal to accept drug treatment management;

3) Failure to comply with regulations.

Compulsory isolation for drug rehabilitationDuring the quarantine period, those who continue to take drugs will be added for one year, because they have been blocked and forced to isolate for drug rehabilitation, and they are still secretly taking drugs, and their behavior is very bad, so they will be given a year for compulsory isolation and drug rehabilitation, and you will be added a year if you continue to use drugs for a few days.

Compulsory isolation for drug rehabilitation will be implemented in the following situations:1Engaging in drug abuse that endangers the safety of others; 2.

Those who have obvious symptoms of drug addiction but are unable to voluntarily accept drug rehabilitation; 3.Applicants, family members, and friends request compulsory drug rehabilitation; 4.After taking drugs illegally, he was sentenced by the court to compulsory drug rehabilitation.

According to the Regulations on the Administration of Drug Rehabilitation, those who illegally use or sell drugs will be subject to compulsory isolation for drug rehabilitation for one year after being sentenced.

Under normal circumstances, a person who has been sentenced to compulsory Zen reform and isolation for drug rehabilitation will be given an additional year of compulsory isolation and drug rehabilitation if he violates the discipline of drug rehabilitation during the drug rehabilitation period.

Legal Analysis: The period of compulsory isolation for drug rehabilitation is 2 years, calculated from the date of the decision on compulsory isolation for drug rehabilitation. Persons who have been subjected to compulsory isolation for drug rehabilitation shall be transferred to the compulsory isolation and drug rehabilitation facilities of the judicial administrative departments to continue compulsory isolation for drug rehabilitation after 3 to 6 months of compulsory isolation for drug rehabilitation in the compulsory isolation drug rehabilitation facilities of the public security organs.

Legal basis: Article 47 of the Anti-drug Law of the People's Republic of China The period of compulsory isolation for drug rehabilitation is two years. One year after the implementation of compulsory isolation for drug rehabilitation, after diagnosis and assessment, for drug rehabilitation persons who are in good condition for drug rehabilitation; Compulsory isolation centers for drug rehabilitation may submit opinions on lifting compulsory isolation for drug rehabilitation in advance, and report to the decision-making organ for compulsory isolation for drug rehabilitation for approval.

Before the expiration of the compulsory isolation period for drug rehabilitation, after diagnostic assessment, for drug rehabilitation personnel who need to extend the period of drug rehabilitation; The compulsory isolation center for drug rehabilitation shall submit an opinion on extending the period of drug rehabilitation, and report it to the decision-making organ for compulsory isolation for drug rehabilitation for approval. The period of compulsory isolation for drug rehabilitation can be extended by up to one year.

Provisions on the Work of Judicial-Administrative Organs on Compulsory Isolation for Drug Rehabilitation".

Article 2: Judicial-administrative organs' work on compulsory isolation for drug rehabilitation shall follow the principles of people-oriented, scientific drug rehabilitation, comprehensive corrections, and care and assistance, to educate and rescue drug addicts.

Article 3 The compulsory isolation centers of the judicial-administrative organs shall enforce compulsory isolation for drug rehabilitation in accordance with the law with respect to persons in compulsory isolation for drug rehabilitation who have been subjected to compulsory isolation for drug rehabilitation by the public security organs for three to six months after they have been executed in the compulsory isolation centers of the public security organs, or in accordance with the specific implementation plans of the provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as "persons receiving treatment of drug addiction").

The period of compulsory isolation for drug rehabilitation is generally two years.

Legal analysisAfter the persons in compulsory isolation for drug rehabilitation are sent to the judicial-administrative organs for compulsory isolation for drug rehabilitation (compulsory isolation drug rehabilitation centers) for enforcement, after diagnosis and assessment, the compulsory isolation centers for drug rehabilitation may, on the basis of the actual drug rehabilitation situation of the drug addicts, submit opinions on the early lifting or extension of compulsory isolation for drug rehabilitation, and report to the original decision-making organ for compulsory isolation for drug rehabilitation. Those who are released from compulsory isolation for drug rehabilitation in advance must be subject to compulsory isolation for drug rehabilitation for one year and have been disturbed for more than six months; After the compulsory isolation for drug rehabilitation is lifted in advance, the person will be transferred from the compulsory isolation drug rehabilitation center to the drug rehabilitation center to continue drug rehabilitation and then return to society. The legal affairs department of the public security bureau of each branch and county (city) shall be responsible for receiving and examining the examination and approval materials submitted by the compulsory isolation drug rehabilitation center, and shall promptly notify the compulsory isolation drug rehabilitation center after reporting to the leaders of the bureau in charge of drug rehabilitation work for examination and approval.

The public security bureaus of each branch and county (city) shall complete the examination and approval work within 5 working days. The materials submitted by the compulsory isolation drug rehabilitation center for early release or extension of compulsory isolation for drug rehabilitation shall include: the approval form for the early release of the person who has been extended from compulsory isolation for drug rehabilitation (in triplicate), the diagnostic assessment form, and the agreement for rehabilitating and rehabilitating drug rehabilitation.

The decision to release compulsory isolation for drug rehabilitation in advance or to extend compulsory isolation for drug rehabilitation shall be filled in by the decision-making organ of compulsory isolation for drug rehabilitation in five copies, of which three copies shall be provided to the compulsory isolation drug rehabilitation center, one copy shall be filed by the legal department of the Bureau, and one copy shall be sent to the anti-narcotics department of the Bureau for the record.

Legal basisAnti-Narcotics Law of the People's Republic of China

Article 47 The period of compulsory isolation for drug rehabilitation shall be two years. One year after the implementation of compulsory isolation for drug rehabilitation, after diagnosis and assessment, for those who are in good condition for drug rehabilitation, the compulsory isolation center for drug rehabilitation may postpone the opinion of lifting the compulsory isolation for drug rehabilitation in advance, and report to the decision-making organ for compulsory isolation for drug rehabilitation for approval. Before the expiration of the period of compulsory isolation for drug rehabilitation, after diagnosis and assessment, for the persons receiving drug rehabilitation who need to extend the period of drug rehabilitation, the compulsory isolation center for drug rehabilitation shall submit an opinion on extending the period of drug rehabilitation, and report to the decision-making organ for compulsory isolation for drug rehabilitation for approval.

The period of compulsory isolation for drug rehabilitation can be extended by up to one year.

Legal analysis: According to the laws of our country, the time limit for compulsory isolation for drug rehabilitation is two years.

Legal basis: Article 47 of the Anti-Narcotics Law of the People's Republic of China The period of compulsory isolation for drug rehabilitation is two years. One year after the implementation of compulsory isolation for drug rehabilitation, after diagnosis and assessment, the compulsory isolation center may submit an opinion on the early release of compulsory isolation for drug rehabilitation for drug rehabilitation for persons who are in good condition for drug rehabilitation, and report to the decision-making organ for compulsory isolation for drug rehabilitation.

Before the expiration of the period of compulsory isolation for drug rehabilitation, after diagnosis and assessment, for those who need to extend the period of drug rehabilitation and repentance, the compulsory isolation center for drug rehabilitation shall submit an opinion on extending the period of drug rehabilitation, and report to the decision-making organ for compulsory isolation and drug rehabilitation to criticize Li Zhengzhun. The period of compulsory isolation for drug rehabilitation can be extended by up to one year.