If a criminal is sentenced to a punishment of not less than fixed-term imprisonment, but commits a crime within five years after the pardon and is sentenced to a punishment of not less than fixed-term imprisonment, he will constitute a recidivist.
A criminal who has been 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;
If he is a recidivist, he shall be given a heavier punishment, with the exception of negligent crimes and crimes committed by persons under the age of 18.
[Legal basis] According to Article 65 of the Criminal Law, 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 the sentence or the pardon;
If he is a recidivist, he shall be given a heavier punishment, with the exception of 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.
