累犯构成的若干问题探讨

Studying on the Issues of Constitution of Recidivism

行为人所实施的前后两罪均为过失犯罪能够构成累犯,但是,当行为人在犯前罪追诉时效完成后又犯新罪、前罪被外国判处并执行有期徒刑以上刑罚后再犯罪、前罪刑罚执行过程中再犯新罪与假释考验期内再犯罪等情形下,则都不能构成累犯。

A criminal should be taken as a recidivism if beth his/her first offense and second offense belong to the negligent crimes. However, in the following situations, they cannot be taken as a recidivism. First, a new crime is committed after the end of the previous crime＇ s limitation of prosecution. Second, a new crime is committed after the execution of fixed-term or above imprisonment sentenced by the foreign country. Third, a new crime is committed in the duration of the execution of punishment. Fourth, a new crime is committed in the probation period for parole.