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法条分析题
第29小题，10分。要求符合立法原意和刑法理论。请将答案写在答题纸指定位置上。
《刑法》第65条第1款规定：“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，应当从重处罚，但是过失犯罪除外。”
试分析该条法律规定。

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