According to the provisions of China s criminal law, negligent crimes will not constitute recidivism. Only intentional crimes will constitute recidivism. In addition to intentional crime, certain conditions must be met to be considered a recidivism.
Article 65 of China s Criminal Law stipulates that: Criminals who have been sentenced to a term of imprisonment of more than five years must be sentenced to more than five years of imprisonment. Except crime. This is our country s punishment for general recidivism .
1. Both pre-sin and post-sin must be intentional crimes. This is a subjective condition that constitutes recidivism. A recidivism will not be established if the last two crimes or one of them is a negligent crime. The reason for this is because the subjective malignancy reflected in the crime of negligence is obviously lighter than that of intentional crime, and the possibility of the offender re-offending is relatively small. The establishment of recidivism system is to eliminate the possibility of recidivism of the offender. Therefore, it should not be necessary to establish a recidivism system of negligent crime.
2. The former crime shall be sentenced to a term of imprisonment or more, and the latter crime shall be sentenced to a term of imprisonment or more. This is a condition of sentence that constitutes a recidivism. Therefore, if the previous crime was sentenced to detention control or a single additional sentence, no matter how serious the subsequent crime is, it does not constitute a recidivist. Similarly, a recidivist cannot be established if the previous crime was sentenced to a term of imprisonment or more, but the latter crime should be sentenced to detention, control or a separate additional sentence. The so-called sentenced to a term of imprisonment or more here refers to the sentence declared by the people s court to be a term of imprisonment or more. The so -called sentences of imprisonment of more than fixed-term imprisonment does not mean that the statutory sentence includes a sentence of more than fixed-term imprisonment, but means that according to the facts of the crime a nd the criminal law, the punishment should be imposed. The sentence conditions for recidivism reflect the original intention of legislation to restrict recidivism to serious crimes.
3. The time for the subsequent crime to occur must be within 5 years after the punishment sentenced for the previous crime has been executed or pardoned. This is the time condition that constitutes recidivism. The so-called penalty execution refers to the completion of the execution of the main sentence, excluding additional punishment. If a crime is committed within 5 years after the execution of the main sentence, even if the additional sentence has not been executed, it may still constitute a recidivist. The so-called pardon refers to a pardon. The five-year period here shall be counted from the date of the parole test for the offenders on parole.
4. Criminals must be at least 18 years old before and after committing crimes. If you were under the age of eighteen at the time of the previous crime, even if you were eighteen at the time of the later crime, you cannot constitute a recidivist .