Intentional Crime Constitutes Recidivism after the Expiration

Penalty reprieve and humane is the development trend of contemporary criminal law. Penalty system will also continue tobe innovated and improved. The criminal law in our country has the regulation that if probation period is expired,the original judgment ofthe punishment will no longer execute the verdict. Supreme People's Court interprets of the provisions that criminal who was sentenced toprobation and committed within the expiry of five years or more should be sentenced to penalties of sin but not treated as a recidivist. Actu-ally,after the expiration of criminal trial,this criminal doesn't constitute an intentional crime recidivism. However,in terms of the estab-lishment of the probation system and the value of recidivism,the existing criminal law provisions of the specification point of view,or fromthe perspective of the concept of citizens in general considerations of social value,after the expiration of the criminal trial,the criminalshould constitute crime recidivism.