On Imaginative Joinden Of Offenses

As one common form of crimes in the judicial practice, the imaginative joinder of offenses has been recognized and widely used both in legislation and the judicial practice. Although it is not described by our current criminal law, this kind of crime pattern is admitted in theory and judicial practice. Grasping the theory of the imaginative joinder of offenses is significant to the judicial practice. This paper is divided into three parts. The first part is the concept and nature of imaginative joinder of offenses, the second one is the basic structure of it and the last is the principle of punishment.Chapter one includes two parts. First, the author gives a new interpretation and definition of imaginative joinder of offenses on the basis of the introduction of theoretical study. Then the author gives up the theory of quantity of offence, and uses the theory of joinder to interpret the nature of the imaginative joinder of offenses. Chapter two is the analysis of the concept, judgment criteria and confirmation of the basic structure of imaginative joinder:"one behavior" and "several charges". Lastly, the author discusses the principle of punishment of the imaginative joinder of offenses, which is the ultimate goal of this study and the author insists that the imaginative joinder of offenses should be published for major crimes seriously.