I. Conditions for recidivism
1. Criminals must be sentenced to more than fixed-term imprisonment for both pre-crime and post-crime, including criminals sentenced to fixed-term imprisonment, life imprisonment or death penalty.
If the former crime is sentenced to criminal detention, public surveillance or other independently applicable supplementary punishment, although the latter crime should be sentenced to more than fixed-term imprisonment, it does not constitute a recidivist; Similarly, if a criminal is sentenced to more than fixed-term imprisonment for the former crime, the latter crime should only be sentenced to less than fixed-term imprisonment, which does not constitute a recidivist. The so-called punishment that should be sentenced to more than fixed-term imprisonment refers to the punishment that should be sentenced according to the specific facts of the crime and the provisions of the criminal law, rather than the statutory punishment for the crime being more than fixed-term imprisonment.
2. The last time a criminal commits a crime must be within 5 years after the execution of the punishment for the previous crime or the pardon.
This is the time requirement for recidivists. The latter crime occurs during the execution of the penalty of the former crime, or five years after the execution of the penalty of the former crime, or five years after the criminal is pardoned, it does not constitute a recidivist and is not treated as a recidivist. Those who commit another crime during the execution of the penalty shall not be treated as recidivists, but shall be punished in accordance with the provisions of China law on combined punishment for several crimes.
Second, recidivism does not apply to bail pending trial.
If it is a recidivist, in principle, it is difficult to guarantee that "it will not harm society" if the person suspected of recidivism is released on bail, so it should not be applied to the person suspected of recidivism.
In other words, under normal circumstances, it is difficult for recidivists to obtain bail pending trial, and generally they will not apply for bail pending trial. Of course, it also depends on the specific crime and the severity of your crime. It is best to consult a professional criminal defense lawyer and analyze the specific case.
There are clear provisions in the Procedures for Handling Criminal Cases by Public Security Organs:
Article 64 A recidivist, the ringleader of a criminal group, a criminal suspect who escapes investigation by means of self-injury or self-mutilation, a criminal suspect who endangers national security, a criminal suspect who commits violent crimes or other serious crimes shall not be released on bail pending trial.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 67 of the Criminal Law of People's Republic of China (PRC).
A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself.
Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.