The Research About Several Issues Of The Imaginative Joinder Of Offences

The imaginative joinder of offences is an important criminal pattern in criminal theory and it is also a common criminal pattern in the legal practice. Based upon the advantaged theory home and abroad in the theory of the imaginative joinder of offences, the concept, character, classification, quantity of crime and principle of punishment on the imaginative joinder of offences are exploringly analyzed by the method of comparative study. The conclusions are reached as follows: The concept of the imaginative joinder of offences is a criminal pattern that basing on plural guilt under one intention, an individual repeatedly offends the same crime or some different crimes. The character in subjectivity of the imaginative joinder of offences is a kind of single intention as a matter of fact and multiple guilt as a matter legal right, and the character in objectivity is single act as a matter of fact and multiple legal interests violated as a matter legal right. The basic classification is the same crime charges and heterogeneous crime charges of the imaginative joinder of offences, apart from that, there exist different criteria for the classification, such as form of guilt, completed pattern of crime, suspended pattern of crime, form of behavior. Crime is an act, but quantity of act is not one-to-one correspondence with quantity of crime. There are not only one-act-one-crime and plural-act-plural-crime but also one-act-plural-crime and plural-act-one–crime. The imaginative joinder of offences belongs to one-act-plural- crime. Guided by the core theory of criminal in the field of crime-quantity, the theory of standard of constitution of a crime, which is taken account of both subjective elements and objective elements, is a scientific standard of crime-quantity, adapting to theory and practice of criminal in our country. An individual involved in the imaginative joinder of offences subjectively has plural guilt and objectively violates plural objects protected by criminal law, which infers that the imaginative joinder of offences includes plural illegal intentions and responsibilities and it consists of plural criminal constitutions, therefore, it is plural crimes in essence. According to the principle of suiting punishment to crime, one-crime-one-punishment and plural- crime-plural-punishment, it should be punished with all the crimes charged under the principle of joinder of punishment for plural crimes.