累犯裁量中若干疑难问题探析

On Certain Difficult Problems in Recidivist Discretionary

在对累犯适用刑罚时,尚有一些疑难问题存在争议,包括累犯应否作为个罪的加重情节加以适用,前罪刑罚执行完毕或赦免之后在法定累犯成立的时间内又犯数罪如何处理以及判决生效后发现为累犯的如何处置等,本文就这些问题提出了相应的解决思路。

At the time of applicable criminal punishment to recidivist, there are some controversies to certain difficult problems, including whether recidivist should be regarded as making more serious plot to apply, how to deal with plural crimes com- mitted by one person after execution of punishment to end to previous crime in establishing time condition to legal recidivism and how to deal with discovering recidivism after judgment to take effect and so on. This paper raises relevant resolving train of thought