If a person with a criminal record commits another crime, what will be the sentence, and will he be

According to article 65 of the Criminal Code, recidivists shall be punished heavily, i.e., the principle of mandatory punishment shall be adopted. In determining their criminal responsibility, attention should be paid to grasping the following aspects:

Recidivism must be punished severely. That is, regardless of whether an ordinary recidivism or a special recidivism is established, he must be sentenced to a relatively heavier punishment within the limits of the statutory sentence, that is, a heavier type of punishment or a longer sentence must be applied.

Aggravated punishment is relative to the criminal responsibility that should be borne if it does not constitute a recidivist. That is to say, for the heavier punishment of recidivism, the standard of reference is the criminal responsibility that should be borne when the recidivism is not constituted. Some scholars also believe that it is "the reference standard for a first-time offender or other offender who does not constitute a recidivist should be punished heavily."

Specifically, when the criminal acts committed by a recidivist are basically similar to those committed by a person who does not constitute a recidivist in terms of nature, circumstances, degree of harm to society, etc., a heavier punishment should be given to the person who does not constitute a recidivist. This perception is worth studying. Because the offender is different and the specific circumstances of the crime committed are different, it is impossible to be truly fair under this horizontal comparison with other offenders.

For heavier punishments, the punishment must be determined on the basis of the nature, circumstances, and degree of harm to society of the criminal conduct committed, and not the maximum sentence prescribed by law is not uniformly given.

Hello, for those who have bad criminal records, the range of heavier punishments can be determined by comprehensively considering the nature of the bad criminal records and the circumstances of the punishment.

1) Where there is a criminal record, the base sentence may be increased by up to 20%;

2) Where there is a negative record such as re-education through labor, the base sentence may be increased by up to 10%.

2010) Supreme People's Court's Guiding Opinions on Sentencing in People's Courts (Provisional) 12. For those with bad criminal records, the base sentence may be increased by up to 10 based on comprehensive consideration of circumstances such as the nature of the criminal record, the length of the time interval, the number of times, and the severity of the punishment.

2009) People's Court Sentencing Guiding Opinions (Provisional).

10.For those with bad criminal records, the range of aggravating circumstances may be determined as appropriate, based on comprehensive consideration of the nature of the criminal record and the circumstances of the punishment.

1) Where there is a criminal record, the base sentence may be increased by up to 20%;

2) Where there is a negative record such as re-education through labor, the base sentence may be increased by up to 10%.

If a person with a criminal record says that he reoffends, he will definitely have a greater sentence. Because you have a criminal record, it proves that you have already had some extrajudicial favors on you, and if you still don't know how to make progress at this time, if you don't change yourself well, you will definitely be punished more.

For those with criminal records, the base sentence may be increased by up to 10% based on comprehensive consideration of circumstances such as the nature of the criminal record, the length of the time interval, the number of times, and the severity of the punishment. Except where the crime is negligent or juvenile crime.

A person with a criminal record who reoffends will have an increased punishment. We must be good law-abiding citizens.

If you have a criminal record, if you commit another crime, it is equivalent to repeating the teachings, and the court will consider it when sentencing.

If someone with a criminal record is eating a crime, how should I be sentenced or how should I be sentenced?It doesn't mean that you will be a felony because you have a criminal record, but it may be more strict in your management.

If a person with a criminal record commits another crime, he will be punished heavily.

Legal Analysis: Recidivism of a person with a criminal record may result in a heavier penalty. If a criminal who has been sentenced to fixed-term imprisonment or higher commits a crime that should be punished with fixed-term imprisonment or higher within five years after the completion of the sentence, he is a recidivist and shall be punished more severely in accordance with the law, except if the crime is committed by negligence or if the crime is committed by a person under the age of 18.

Legal basis: Article 65 of the Criminal Law of the People's Republic of China: Criminals who have been sentenced to fixed-term imprisonment or higher, and who, after the completion of the sentence or pardon, commits a crime that should be sentenced to fixed-term imprisonment or higher within five years, 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.

If a person with a criminal record commits another crime, what will be the sentence, and will he be punished heavily?

Hello, glad to answer for you!A person with a criminal record who reoffends may be punished heavily. Zhizhi also said that for those who have bad criminal records, the nature of the bad criminal records and the circumstances of punishment can be comprehensively considered, and the degree of severity can be determined as appropriate. Hope wild and can help you!