Committing a crime of a professional nature |
Committing the crime twice or more |
Relapse |
Dangerous recidivism |
|
Legal basis |
Point b, Clause 1, Article 52 of the 2015 Criminal Code, as amended and supplemented in 2017, is explained in detail in Section 5.1, Article 5 of Decree No. 01/2006/NQ-HDTP. Criminal circumstances with professional principality are also defined as aggravating circumstances in some other crimes in the crime section. |
Point g, Clause 1, Article 52 of the 2015 Criminal Code, amended and supplemented in 2017. Committing the crime twice or more is specified as an aggravating circumstance in some other crimes in the crime section. |
Point h, Clause 1, Article 52 of the Criminal Code 2015, as amended and supplemented in 2017, is detailed in Clause 1, Article 53. Recidivism is specified as an aggravating circumstance in a number of other crimes in the crime section. |
Point h, Clause 1, Article 52 of the 2015 Criminal Code, as amended and supplemented in 2017, is detailed in Clause 2, Article 53. Dangerous recidivism is defined as an aggravating circumstance in some other crimes in the crime section. |
Criminal |
Committing the same crime. |
Committing the same crime. |
Trespassing is not the same crime. |
Trespassing is not the same crime. |
Mistake |
Deliberate. |
Intentionally, unintentionally. |
Intentionally or committing an offense of a very serious crime, a particularly serious crime committed unintentionally. |
Deliberate. |
Motivation, purpose |
The purposive motive is a mandatory condition in this situation. Offenders must make a living from committing crimes and take the results of committing crimes as their main source of livelihood. |
Optional. |
Optional. |
Optional. |
Frequency of crime |
From 5 times or more |
From 02 times or more |
02 times. |
Maybe 2 times or 3 times. |
Searching for criminal liability |
Regardless of whether the criminal prosecution has been filed or not if the statute of limitations for criminal prosecution has not expired or the criminal record has not been cleared. (It means that the offender has not been prosecuted for penal liability before, it is not mandatory). |
Only prosecuted for criminal liability at the same trial. |
Has been convicted, has not yet been expunged, but continues to commit crimes. |
Has been convicted of a very serious, especially serious crime intentionally, has not yet had his criminal record cleared, but commits an offense of a very serious, especially serious crime intentionally. Or has receded, has not yet had his criminal record cleared, but commits an intentional crime. |
In order to properly apply the criminal circumstances of a professional nature, committing the crime twice or more, recidivism, and dangerous recidivism against the offender, it is necessary not only to properly understand the contents of such circumstances but also to must have applied skills to be able to decide on an appropriate level of punishment commensurate with the nature and level of danger of the offense. Therefore, when applying the above circumstances, it is necessary to properly understand the content of each circumstance, and clearly distinguish the circumstances to avoid confusion when applying to decide the penalty.
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