《中华人民共和国刑法》第六十五条规定:“被判处有期徒刑以上刑罚的犯罪分子,刑罚执行完毕或者赦免以后,在五年以内再犯应当判处有期徒刑以上刑罚之罪的,是累犯……”然而此处的“刑罚执行完毕”没有明确的定义,存在不同的理解,给司法实践中统一适用法律造成了困惑。 Article 65 of the Criminal Law of the People’s Republic of China stipulates that: “Criminals who have been sentenced to more than a fixed-term imprisonment after their execution or pardon have been convicted of retrial within five years should be sentenced to fixed-term imprisonment of more than ...” ... “However, here ” penalty execution is completed "there is no clear definition, there is a different understanding of the judicial practice of uniform application of the law caused confusion.