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Cancellation With The Theory Of Imprisonment Of Detention Probation Combined Punishment For Several Crimes

Posted on:2011-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:R F YuFull Text:PDF
GTID:2166330332973256Subject:Law
Abstract/Summary:PDF Full Text Request
Probation, as a kind of conditional punishments originally not enforce the system, on the one hand, can avoid execution of short-term freedom penalty and criminal record system brings banns caused by or, on the other hand, can stay in the possibility of penal execution situation, make person c - and pay attention to your behavior reform, which will no longer cause harm to society. Applicable to the essence of probation is not applicable in the probation actor harm to society. In the purpose and the essence of probation constraints, the offender's behavior that may not achieve purpose of suspension, revocation appeared the necessity of probation. Criminal law system of suspension of sentence, it is revoked necessary part of the system. Besides criminal law article 77 of the second paragraph of the cause for cancellation, probation, under normal circumstances, the consequence is revoked probation before and after the SINS committed sin (including new crime and the leakage of sin that combined punishment for several crimes. A combined punishment for several crimes should follow the basic principles of criminal law is the principle of legality and the principle of suiting punishment to. Because our country criminal law on probation cause for cancellation, and combined punishment for several crimes, the provisions appear too general against judicial practice, therefore, the operation of the case through judicial practice, this paper discusses the cause for cancellation and probation combined punishment for several crimes, especially the detention of imprisonment between how with credit, not only has theoretical significance and application of judicial practice suspension system and a combined punishment for several crimes system is of great significance.This article mainly from the perspective of judicial practice, based on the analysis of ChenJing theft in judgment, probation, system of criminal law on probation was applicable condition, the cancellation of the regulation, due to suspension ChenJing during the probation period make new crime, shall be revoked and the two SINS will be combined punishment for several crimes, Combining the principles of criminal logarithm credit, and combined punishment for several crimes should follow the principle of legality and the principle of suiting punishment to ChenJing, shall be made by the two SINS and detention of imprisonment penalty execution, the first implementation respectively imprisonment, and then execute the detention.This is divided into four parts:The first part is the case is introduced. ChenJing introduced briefly the crime of stealing and sentenced to criminal detention for six months in a year, probation, ChenJing probation period, and the crime of stealing. The court probation, and was sentenced to imprisonment for six months imprisonment, decided to execute for 6 months. Before the execution of the sentence beforehand detainment, one sentence 1 fold over custody.The second part is the focal point. The focus of the case in court to revoke after probation, how to sin before and after the detention of sin and imprisonment penalty for plural crimes can apply after probation.The third part is the case dispute and disagreement. In this case, detention and cancellation after probation imprisonment penalty of one of the three major opinions. The first kind of opinion, should adopt absorption principle, namely after the sin of imprisonment to absorb the sin before the execution of imprisonment, detention, A second opinion, should be adopted and principle, will arrive to fixed-term imprisonment, detention, discount, then and imprisonment, and execution and after and imprisonment, The third kind of opinion, should be adopted and principle, but should not be worth to fixed-term imprisonment, detention, fold, and shall execute the execution of imprisonment, detention, again.The fourth part of the legal analysis. This is the key part of it. First, from the historical origin and suspension system of our country criminal law the provisions of applicable conditions probation, expounds the significance of probation. Secondly, with China's criminal law article 77 of the provisions of the cause for cancellation, probation, mainly on probation period make new crime and found a reasonable explanation of leakage, in this case, it shall revoke the detention of ChenJing the probation, and subsequently sentenced to imprisonment for the credit. However, after the expiration of the probation that leak, from sin shall be suspended purpose, and the realization of probation period of probation late-development now made of the new situation, the comparison between different situation to revoke the conclusion whether probation. Finally, through discussing the principle of legality and the principle of suiting punishment to credit, logarithmic combined punishment for several crimes should be discussed by the principle of applicable law, especially the imprisonment of not prescribe different kind of freedom and detention, torture, how should the problems between the credit, and in this case shall adopt the principle and implementation and execution, namely first say again imprisonment, detention.
Keywords/Search Tags:probation, Due to the cancellation of the probation, A combined punishment for several crimes, Suiting punishment, Implementation respectively
PDF Full Text Request
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