What constitutes not a recidivist

Re-offending after the probation period has expired does not constitute recidivism. If the criminal did not commit a new crime during the probation period, the original sentence was not actually executed. From a theoretical point of view, probation is a declaration sentence, which does not violate the regulations during the test period, and will not be executed after the test period expires. Therefore, the probation of the previous crime does not need to be executed, so it does not constitute a recidivist.

To constitute a recidivist, the two crimes before and after the sentence are more than fixed-term imprisonment. The probation of the previous crime cannot constitute a recidivist, because the probation has expired and the term of imprisonment will no longer be implemented for three years . This can also be explained from legal principles. Probation is actually lighter than detention. If the former crime is detention, it cannot constitute a recidivist, and if it is a probation, it cannot constitute a recidivist.

From this we can see that recidivism refers to the offender who has been sentenced to a certain punishment within a statutory period after the punishment has been imposed or after the punishment has been executed or pardoned.

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