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Anonymous users2024-02-06The so-called recidivism refers to a criminal who has received a certain criminal punishment and, after the execution of the criminal punishment or pardon, commits another crime for which he has been sentenced to a certain criminal punishment within the statutory time limit. There are two types of recidivism: general recidivism and special recidivism. All repeat offenders shall be punished heavily, with no suspended sentence and no parole.
Recidivists must be punished heavily, regardless of whether they are ordinary recidivists or special recidivists, they 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, for the heavier punishment of recidivism, the standard of reference is the criminal responsibility that should be borne when the recidivism is not constituted.
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. Where a criminal sentenced to a suspended sentence intentionally commits a crime after the probationary period of probation has expired, the provisions on recidivism do not apply, but the provision applies to the combined punishment for multiple crimes.
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Anonymous users2024-02-05Hello! For recidivists, the nature of the previous and subsequent offenses, the length of time between the completion of the sentence or the date of abonement and the recidivism, and the severity of the previous and subsequent offenses, shall be comprehensively considered, and the base sentence shall be increased by 10%-40%, usually not less than 3 months.
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Anonymous users2024-02-04Legal analysis: 1. Recidivists must be punished heavily, according to certain standards. That is, regardless of whether a person meets the conditions for ordinary recidivism or a person who meets the conditions for a special recidivism, 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 shall be applied.
2. Recidivists "shall" be punished heavily, rather than "may" be punished heavily. "Yes" is a selective specification, that is, the applicant can choose to be heavier or not. The heavier "shall" is an imperative norm, and judges have no room for flexible choice.
That is, if the conditions for recidivism are met and constitute a recidivism, the adjudicators must impose a heavier punishment on the offender within the range of the statutory sentence, otherwise it will be contrary to the principle of criminal law that the crime and punishment are commensurate with the crime.
3. Probation does not apply to repeat offenders. This is clearly stated in article 74 of the Criminal Code; In addition, there is no parole for repeat offenders, as provided for in article 81, paragraph 2, of the Penal Code. This is because the application of probation and parole requires that the offender will no longer endanger society, while recidivists are those who have repeatedly refused to change their ways and are in greater personal danger.
The application of suspended sentences and parole to recidivists is not conducive to the education and rehabilitation of recidivists, does not serve the purpose of criminal prevention, and still less can it ensure the safety of society.
Legal basis: Criminal Law of the People's Republic of China" Article 65: Where, after the completion of the execution of the sentence or pardon, a person commits a crime that should be sentenced to fixed-term imprisonment or higher within five years of committing another crime that should be sentenced to fixed-term imprisonment or higher, is a recidivist and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.
The time limit provided for in the preceding paragraph is calculated from the date on which the parole period expires for criminals who have been released on parole.
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