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现行《刑法》第六十五条规定“被判处有期徒刑以上刑罚的犯罪分子,刑罚执行完毕或赦免以后,在五年以内再犯应当判处有期徒刑以上刑罚之罪的,是累犯,应当从重处罚,但是过失犯罪除外。”本文指出正确把握累犯构成的时间条件,是准确适用累犯规定的重要内容。
Article 65 of the existing Criminal Law stipulates that “criminals who have been sentenced to more than the fixed-term imprisonment after their execution or pardon have been sentenced to more than a fixed-term imprisonment within five years are repeat offenders and should be punished severely , Except for the crime of negligence. ”This article points out that correctly understanding the time and conditions of recidivism constitutes an important part of the accurate application of recidivism.