Exploration Into Implicated Offense Issue

This article includes quotation, body, and conclusion of three parts.Chapter I a few issues of the Crimes Number is discussed.1. By studying the Crimes Number and the Crime Number Theory concept to grasp the overall number of forms of a general theory of crime, in order to specific guidance for a debate a few specific forms of sin.2. by locating Crimes Number to clear the status of it in the penal system, in order to consolidate the theoretical basis of Crimes Number for research. Crimes Number is defined as Forms of Crime Theory, Penalty Theory, Forms of Crime Theory and Penalty Theory taking into account of, Legal Effect Theory, Criminal Liability Theory on the different location. As the Crimes Number in the crime patterns number of illegal content and guilt content and the resulting guilt of criminal responsibility. It is different from the one count of committing an act of the situation, and it is also different from the number of offenses committed several acts of the situation. It is a special kind of crime between the two. For this particular quantity of crime only by the extent of its unique and accurate grasp of criminal responsibility to apply the ultimate penalty for the top beam, it will be located in the criminal offense of number theory is more appropriate.3. With a competing theory to explain the crime to re-number theory, to avoid a crime will focus on the plural form of the realization of crime, but rather to focus on identifying the problem of crime complex form was achieved after illegal content and the criminal liability level. Ultimately it provides clear evidence of this for judges. This approach avoids the shortcomings of the incompetent to solve all problems in the criminal law decision together.Chapter II Implicated issues were discussed.1. Implicated premise. It refers to research methods of the competing theory in the study on Implicated, which stresses how to be realized from the number of crimes constitute in a breach of criminal cases, as the subjects for the illegal acts and facts connotation of guilt and the resulting decision to do a complete evaluation of the theory of criminal responsibility. That is the plural form of crime is implemented as a precondition for the establishment, as achieved by an act constitutes a crime, or the result of several acts, it is the partition problem between Imaginative Joinder and Implicated. Plural form was achieved after the crime, how to handle complex combination and integration after the criminal offense has been achieved, to determine the punishment principle of the plura l form of crime, it is competing issues for the ultimate penalty is determined based on the ontology. In order to free Implicated from the danger of the criminal law jungle "a crime or a number of crimes".2. Implicated ontology. As a crime pattern of crime number theory, it have the characteristics of two acts were committed with the different offenses. In the Implicated two acts were violations of the laws of different interests, were found in two different form of crime. According to the principle of a comprehensive evaluation, it appears that only two violations of the two crimes were to be a comprehensive evaluation form is reasonable. However, because the two acts have implicated relationship between the two acts and it is parts of the overall relationship with the two acts so it is the ultimate goal of unity in a connected relationship has occurred, so it is also obviously of criminal responsibility for committing a crime than an act constituted an important simple crime. But compared to a number of crime acts offense a number of crime form in breach of the criminal responsibility of the real number of crimes it is lighter. That is, on Implicated in accordance with a single crime can not be a criminal punishment, the number of crimes can not be in accordance with The Combination.3. The application of Implicated. It means that the number of acts in breach of the plural Implicated between competing norms is substantial competing when illegal content and connotation to be attributable to the principle of guilt in criminal positioning. There is involvement of internal relations, can only apply to the most comprehensive evaluation of the crime constitutes a criminal norm. Choose one of the Implicated felony shall be punished, while the misdemeanor offense also involved in the evaluation of the facts of the crime, so as to be fully revealed the facts of the crime on illegal content, a comprehensive evaluation of the facts of the crimes criminal connotation. Therefore, the principle of the ultimate punishment on Implicated should adopt the principle of punishment from a felony.4. The difference between the other forms of number of crimes and Implicated. To distinguish the essential of Implicated from other several crimes forms such as Imaginative Joinder, Consequential Offense, Combining Guilty and Continuous Offense.Chapterlll:some legislative proposals about Implicated.Because the existence of Deny Implicated Theory gradually becomes strong in the current,some advocates in different countries and regions removed the stipulations on Implicated in the legislation when revised Implicated.The legitimacy of the Implicated can be fully justified according to the description,SO the crime patterns Implicated specified in the General Criminal Law is appropriate for the conviction and sentencing of refined with major theoretical and practical significance.Implicated in this section is that to stipulate Implicated and its punishmentprinciple in the General Criminal Law is reasonable from the legitimacy hnplicated based on, the clear concept of stipulations on Implicated in the Penal Code and the principle of punishment from a serious crime and the proposal to abolish the stipulations grafted a certain Implicated in the General Criminal Law.