Determination of repeated offenders

Consecutive offenses refer to crimes that, on the basis of the same or generalized criminal intention, continuously commit several acts of the same nature and commit the same crime. The identification criteria are as follows:

1. Consecutive offenders must be intentional by the perpetrators based on the same or generalized crime. The same intentional crime means that the perpetrator has the intention to commit the same crime several times; the generalized intentional meaning of the crime refers to the intention of the perpetrator to commit a specific crime as long as there are conditions. There is no essential difference between these two mental states.

2. Several behaviors of the same nature must be implemented. It is not possible to establish a repeat offender if the act is committed only once. Multiple behaviors refer to more than two behaviors. It is said that continuous offenses are limited to situations where each act can independently constitute a crime. If the same kind of conduct is continuously carried out, but it cannot constitute a crime independently each time, but only the sum of these acts constitutes a crime, it can be called a criminal Xu. However, from the perspective of China s criminal law, several acts of continuous offenses, including several acts, should independently constitute a crime, and several acts should not constitute crimes independently. Three cases of crime.

3. Several times the behavior is continuous. Whether there is continuity should be judged from the subjective and objective aspects. It depends not only on whether the perpetrators intentionally committed a certain type of criminal behavior continuously, but also by analyzing the nature, object, method, environment, and result of the objective behavior to determine whether there is continuity.

Recidivism must be established on the basis of certain penalties and subsequent penalties for special crimes (special recidivists have no restrictions, they can only be punished if they have been punished, even if they have only been sentenced to additional punishment separately); The crime must be sentenced to a certain penalty.

The recidivism of a recidivist must be committed within the statutory period after the execution or pardon of the previous offense (a special recidivist is any time after the execution or pardon of the punishment); there is no time between the two crimes limits. In other words, recidivism includes recidivism.

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