Study On Unit Recidivist

According to the provisions of Penal Code section65general recidivism penalties,theunit general recidivism does not exist in the current criminal law. Although the constitution ofthe general recidivism does not apply to the crime unit, which does not become a reason todeny that the unit can constitute recidivism. Units may constitute recidivism, while China’scurrent system of ordinary recidivist criminal law can not be applied to crimes committed byunits, based on the special nature of the crime unit, the country should take the unit withnatural recidivism recidivist separate legislative model, build a separate unit recidivismsystem.Unit Recidivism System includes common units and special units recidivism recidivistregime system, common units in the subjective recidivism should be limited to around twocrimes are intentional crime, the penalty shall be a natural person committed by elements ofthe former was sentenced to more severe punishment, after crime should also be sentenced tomore severe punishment, or the first unit was sentenced to more than a certain amount ofcriminal fines, the crime should be sentenced to more than a certain amount of criminal finesas a standard, that is, before the crime has a criminal individuals or units to meet the principalpenalty conditions, and the natural person or unit after the crime has a criminal subject tomeet the conditions; time requirements should be unified with the existing ordinaryrecidivism five years, the time difference is the starting point for change to take effect afterthe court decision. The special units on crime recidivism quality and time requirements aredifferent from the ordinary units recidivism, crime recidivism special unit is a unit of theformer prime condition has funded crime crimes against national security and criminalactivities; financing of terrorist crimes; smuggling, trafficking, transporting andmanufacturing drugs, making drugs illegal trade, the smuggling of manufacturing drugs;illicit narcotic drugs, psychotropic drugs crime after crime as a crime any of the foregoing,both before and after the crime are no restrictions for the same offense, if there are before and after the crime a crime is not the aforementioned specific crime does not constitute a specialunit of recidivism, recidivism constitutes compliance with the conditions of the commonunits, common units constitute recidivism. And in order to maintain coordination with theexisting criminal justice system, a special unit of the penalties and recidivism time intervalafter the entry into force of the decision not to make any demands. Penalties for repeatoffenders units, including units of recidivism aggravating range and units of recidivism afterthe establishment of the way, whether they can adapt to the natural persons on probation andparole issues. Severely punished, including the unit ’s heavy criminal fines and penalties forpersons responsible for internal heavier. By increasing the fines, criminal penalties increasein unit types to achieve the unit recidivism severely punished, as punishment for the unititself, the creation of recidivism confiscation of property, suspension of business, limitingthe business, dissolution and so on.Whether units and the unit will change in the legal sense determine that the merger andthe derived discrete units may constitute recidivism, and the new merger and derive do notconstitute a new discrete units of recidivism. Internal personnel changes will not affect theresponsibility of the identification unit recidivism; twice crimes come from the preparatorybody for the implementation of the company and after the establishment of company, subjectto compliance with the unit recidivism Elements, but also can form the unit of recidivism;The consistency of the persons who is responsible come from unit as a whole and withinresponsible institutions is the key to set the unit to identify consistent recidivism.