Research Of The Afterwards Act Of Impunity

The Afterwards act of impunity is a concept who is created in Civil Law. In Foreign criminal law theory, The Afterwards act of impunity is always attributed to the competing theory in criminal law. But in domestic criminal law theory, the Afterwards act of impunity is rarely mentioned. Most of the criminal law textbook aer not mentioned it, and just a few of the paper are about the Afterwards act of impunity. In fact, the Afterwards act of impunity could explain many legislative and judicial problem, and the Afterwards act of impunity can perfect the crime patters theory. So we have the need for in-depth study the Afterwards act of impunity.This paper is divided into six parts. The first part is arise the afterwards act of impunity. First of all, through a case in the judicial practice arising the afterwards act of impunity. The second, To China's Criminal Law Article 191 of the crime of money laundering and harboring 312, transfer, acquisition, sale, to disguise or conceal the stolen goods as an example, these provisions of criminal law shows the Afterwards act of impunity.The second part is the concept of the afterwards act of impunity. Through analysis of several representative points of view, I think, the afterwards act of impunity is, Unified under the domination of criminal intent, When after the completion of the main act, Also the implementation of a benefit beyond the original scope of the Law continue to maintain or use its illegal status, the connotation of its illegal conduct has been covered by the main act.The third part is the elements of the afterwards act of impunity. It has four elements: Main acts constitute a crime, and completed, in line with the formal elements of composition, the identity of legal interests, the main body identity.The fourth part is the specific use of the afterwards act of impunity. The afterwards act of impunity performance in China's criminal law and acts as a crime against property, counterfeit currency and other crimes and acts. In addition, must distinguish the afterwards act of impunity with the advance act of impunity, implicated Offender, and accompanied acts.The fifth part is the reason for impunity of the afterwards act of impunity. Committed in relation to the absorption theory, for committing theory, competing theories and address the elements of the theory to solve their own shortcomings and respective, the possibility of expect and evaluation of the prohibition of the principle of double are more reasonable reasons.The sixth part is the evaluation about the afterwards act of impunity. The afterwards act of impunity theory has important value. But the afterwards act of impunity in practical application may encounter both the conviction and sentencing issues. therefore, we must apply the afterwards act of impunity theory flexibly, in some cases the penalty should not be ruled out the afterwards act of impunity theory.