Can Not Be Fine Afterwards Behavior Study

The Afterwards act of impunity theory is a subject of contemporary criminal law educational world, its development was born in Germany and then in Japan and Taiwan area, but the mainland in our country criminal law educational world research are rarely mentioned in the theory and works. However, with the deepening of the theory and development, the Afterwards act of impunity theory on cognitive and processing has become the focus of controversy in theory in criminal law field, more become the vacuum in the judicial practice. Therefore, to further not punish afterwards behavior theory and judicial practice exploration is a very important role and significance.the Afterwards act of impunity in the absence of constitution should condition, and the absorbable offense phase difference. Non penalty of crime after behavior belongs to the original, so its implicated offender is different. Converted crime is statutory, transformation, uniqueness and more severe due to the characteristics of transformed crime and non penalty after behavior is completely different. It can’t be punished afterwards behavior and aggregated consequential offense, not the penalty after behavior does not exist on the existing criminal law provisions and may not appear more serious consequences on these two points, the two also has the obvious difference. Not the same penalty after behavior in a body, has infringed the legal interests of crime, crime and elements form with four features such as. In the non penalty of the standard issue, there is overlap of articles of law, including a crime said said, constitutive requirements, solve and prohibiting repeatable evaluation and expected possibility said many viewpoints. But the coincidence of law article for later behavior with different properties of this kind of crime can not solve, elements to solve theory can not explain the legal interests have been violated the two times afterwards, established on the basis of absorbable offense prohibiting repeatable evaluation that cannot solve the absorption reason makes views into trouble, the theory of anticipated possibility based on the normative theory of culpability, the core point is guilt and blame, and illegal crime in continental law system on the whole. Therefore, in the context of our country with the theory of anticipated possibility to solve the behavior not punish itself premise is adapted to the problem. According to the different types of actions that can not be punished separately explanation should be reasonable choice. No penalty after behavior should be defined in the function of sentencing. In a conviction attention should not be punished after behavior to avoid repeated evaluation and became more serious tendency. Under the influence of sentencing circumstances, we should clarify the reasoning of sentencing verdict. In judicial practice, should not be punished after behavior in solving the limitation of prosecution to start a and the determination of voluntary surrender issue with special function.