Legal advice on whether it constitutes a recidivist! 30

1. It must not constitute a recidivist.

2. Because the recidivism must be punished with fixed-term imprisonment or higher for both crimes. The latter sentence is only a sentence of criminal detention with a suspended sentence, which cannot constitute a recidivism. The latter penalty for recidivism refers to the actual sentence rather than the statutory sentence, and if it is the statutory sentence, there is a risk that the punishment will be too lenient.

3. The court may make such a judgment, which may not be appropriate, but this is the discretion of the court, and even the procuratorate cannot protest the case.

Ordinary recidivism: refers to criminals who have been sentenced to a sentence of fixed-term imprisonment or higher, and who commit a crime that should be sentenced to fixed-term imprisonment or higher within 5 years after the completion of the sentence or pardon. There is one important point to note here:

The punishment before and after is imprisonment or more. Once you understand this point, none of the above questions are difficult problems. Custody is under imprisonment and detention is mandatory.

This does not count, because general recidivism refers to a crime that commits the same crime within 5 years after the completion of the sentence or pardon, and should be sentenced to a fixed-term imprisonment or more.

First, the criminal case is attached to the civil case, and then the crime of refusal to execute.

The defendant does not meet the constitutive elements of recidivism. As described upstairs.

In addition, the difficulty of enforcement is also the most difficult problem encountered in judicial cases today. Some people really don't have property to enforce, and the courts can't do anything about it. And even if it is enforced, it will protect the basic life of the defendant, and if the plaintiff has evidence to prove that the defendant has property that can be enforced, he can go to the court to apply for enforcement...

Recidivism refers to a situation in which a offender who has received a certain penalty for committing a crime, and after the execution of the sentence or pardon, has a certain amount of food within the statutory time limit. Recidivism is divided into general recidivism and special recidivism. Article 65, paragraph 1, of the Penal Code provides:

Criminals who have been sentenced to fixed-term imprisonment or more, and who commit a crime that should be sentenced to fixed-term imprisonment or higher within 5 years after the completion of the criminal punishment or after being pardoned, are recidivists and shall be given a heavier punishment, except for crimes of negligence."

You're not talking about a comprehensive picture, here are a few possible scenarios::

Clause. 1. If A is sentenced to a suspended sentence of fixed-term imprisonment or more, the condition for recidivism shall be established.

Clause. 2. If he commits a crime of negligence, he is not a recidivist.

In general, it is a recidivist, but if one of the previous and subsequent crimes is a negligent crime or a juvenile crime, it is not a recidivist.

It's a recidivist. It will be dealt with heavily.

The 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.