A Study of the Definition of First Offense in Science of Criminal Law

According to the science of criminal law, first offense refers to all the criminal acts committed by an offender who hasn't been found guilty by any authoritative judicatory in any form of effective legal documents. As circumstances of sentencing, first offense is thought to be important in judicial practice. First offense in science of criminal law is different from it in the criminology, because their starting points and aims are different. In the science of criminal law, “first offense” versus “second offense”, but not cumulative offense. The definition of first offense in criminal law should be closely related to relevant laws and regulations, and the theoretical basis for distinguishing sentencing between first offense and second offense should be fully considered, too. The following factors should be taken into account such as personal fatalness of offender, criminal rebuking caution, the degree of contempt of the criminal judicial system, and criminal social factors etc.