How to sentence a recidivist, and is recidivism a statutory sentencing circumstance?

Recidivism is severe. Recidivism is not a statutory aggravating condition, but only a reference circumstance.

It is a repeat offender and will be dealt with heavily, depending on the amount stolen.

This is a recidivist.

"Recidivism" refers to a criminal who has received a certain amount of punishment for a crime, and after the completion of the sentence or pardon, commits a certain crime within the statutory time limit. There are two types of recidivism: general recidivism and special recidivism.

1。Elements of general recidivism.

1) Both the former and subsequent sins are intentional crimes. In this case, the crime of theft was committed intentionally.

2) The latter offense occurs within 5 years after the completion of the sentence for the former offense or the pardon. This condition is met in this case.

3) The penalty imposed for the previous crime and the penalty for the subsequent crime are both fixed-term imprisonment or higher. In this case, there is no doubt that the former offence was sentenced to a sentence of imprisonment or more; As for the latter offense, whether or not a sentence of fixed-term imprisonment or higher (including fixed-term imprisonment) can be imposed should be analyzed on a case-by-case basis. According to the relevant provisions of the Criminal Law of the People's Republic of China, the theft of a relatively large amount of public or private property is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; At the same time, where an individual steals public or private property with a value of 500 to 2,000 yuan or more, it is considered a "relatively large amount".

Therefore, whether this case constitutes a recidivism, depending on the ** of the electric vehicle, if it is less than 500 yuan, the person's second theft does not constitute a crime, and of course it does not constitute a recidivist; If it is more than 500 yuan - 2000 yuan, it may be sentenced to up to three years in prison, criminal detention or public surveillance, of course, this depends on the specific ** of the electric vehicle.

If the person is a recidivist, he shall be punished heavily, that is, within the statutory sentence, which refers to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Legal Analysis: Recidivism is a discretionary sentencing circumstance, and recidivism is a statutory sentencing circumstance. State high recidivism refers to recidivism, but recidivism is likely to constitute recidivism, and recidivism is a statutory circumstance of aggravating punishment and aggravating punishment.

Sentencing discretionary circumstances mainly include: the motive for the crime, the purpose of the crime, the means of the crime, the living conditions of the offender, the reason for the offense, the offender's consistent behavior, and the attitude after the offense.

Legal basis: "Criminal Law of the People's Republic of China" Article 65: Criminals who have been sentenced to fixed-term imprisonment or higher, and who, after the completion of the execution of the criminal punishment 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.

Where recidivism is not a recidivist, sentencing shall be based on the specific circumstances of the offender and the specific circumstances of the case. Article 61 of the Criminal Law stipulates: "When deciding on the punishment of a criminal, the sentence shall be made in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Recidivism is not a recidivist offense, it is not a situation where the offender is quietly given a heavier punishment under the law, and cannot be sentenced in accordance with the heavier punishment for recidivism, and the recidivism is at most only a discretionary sentencing circumstance, and the judicial organs shall judge the sentence on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

[Legal basis].Criminal Law of the People's Republic of China

Article 61: When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of danger to society.