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Lawyer of Beijing Yingke Law Firm

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How to deal with dangerous driving with criminal record

Liu* Jiangxi Jiujiang Criminal defense consultation 2024.05.23 12:36:00 315 people reading

Dangerous driving crime What should I do if I have a criminal record

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Consult me

Lvtu Qingpu District

Region: Shanghai Qingpu District

Resolution:
Those who are involved in serious crimes against public security shall be punished by a criminal detention period of one to six months.
If the perpetrator is a person who has a criminal record, his personal criminal responsibility shall be increased according to the law of concurrent crimes.
If a criminal sentenced to imprisonment commits a crime that requires more than a fixed term of imprisonment within five years after he is released from prison or granted amnesty, it will constitute a recidivist and should be severely punished.
Legal basis:
Article 65 of the Criminal Law
If a criminal who is sentenced to fixed-term imprisonment or more commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the completion of the sentence or a pardon, he is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by persons under the age of 18.
The time limit specified in the preceding paragraph shall be counted from the date of expiration of the parole period for the criminal who is paroled.

2024-05-23 12:38:00 Reply

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Relevant legal advice

ask How to Judge Dangerous Driving Crime with Criminal Record

Answered seventy-three thousand six hundred and seventy-five Legal advice>

Hello, the answer to the above question is as follows. Suspected of dangerous driving, he should be sentenced to criminal detention of not less than one month but not more than six months. If he has a criminal record and is a recidivist, he shall be given a heavier punishment.
Article 65 of the Criminal Law of the People's Republic of China stipulates that a criminal who has been sentenced to a punishment of not less than fixed-term imprisonment commits another crime that should be sentenced to a punishment of not less than fixed-term imprisonment within five years after the completion of sentence execution or pardon is a recidivist and shall be given a heavier punishment, except for negligent crimes and crimes committed by persons under the age of 18. The time limit specified in the preceding paragraph shall be counted from the date of expiration of the parole period for the criminal who is paroled.

ask How to Judge Dangerous Driving Crime with Criminal Record

Answered seventy-three thousand six hundred and seventy-five Legal advice>

Hello, my answer to the question of how to sentence a person with a criminal record of dangerous driving is as follows. If he is suspected of dangerous driving, he should be sentenced to criminal detention of not less than one month but not more than six months. If he has a criminal record and is a recidivist, he shall be given a heavier punishment.
Article 65 of the Criminal Law of the People's Republic of China stipulates that a criminal who has been sentenced to a punishment of not less than fixed-term imprisonment commits another crime that should be sentenced to a punishment of not less than fixed-term imprisonment within five years after the completion of sentence execution or pardon is a recidivist and shall be given a heavier punishment, except for negligent crimes and crimes committed by persons under the age of 18. The time limit specified in the preceding paragraph shall be counted from the date of expiration of the parole period for the criminal who is paroled.

ask How to Judge Dangerous Driving Crime with Criminal Record

Answered seventy-three thousand six hundred and seventy-five Legal advice>

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