1. commits a crime again before the execution of fixed-term imprisonment, life imprisonment or death penalty;
2. Both criminal acts must be found guilty by the court;
3. The time between two criminal acts must be within a certain range. For example, China's criminal law stipulates that it is within five years.
Therefore, only by meeting the above three conditions can we be recognized as recidivists. In some cases, recidivists may face more severe punishment, such as longer or higher fines.
legal ground
The Criminal Law defines recidivism as follows:
Article 67 Whoever commits other crimes before the execution of fixed-term imprisonment, life imprisonment or death penalty shall be given a heavier punishment according to law.
Article 76 In any of the following circumstances, a heavier punishment shall be given:
(3) Regret the crime and take remedial measures.
According to the provisions of China's criminal law, recidivism refers to the act of committing a crime again before the execution of fixed-term imprisonment, life imprisonment and death penalty is completed. The "recidivist" here means that the time of the criminal act must be carried out during the execution of the previous judgment, and both criminal acts must be found guilty by the court. In criminal law, the punishment for recidivists is heavier, that is, under the same circumstances, the punishment faced by recidivists is more severe than that of first-time offenders.