Study Of The Afterwards Act Of Impunity

The Afterwards act of impunity is an important element in the theoryof criminal law,which finds that a crime with several crimes,accurateconviction and sentencing of great significance.little mentioned TheAfterwards act of impunity in the domestic criminal lawtextbooks,Theoretical studies have rarely involved,However,in judicialpractice have emerged after the shadow of the non-punishmentbehavior,Therefore,I study the behavior after the non-penalty andpresent my views.The paper is divided into several parts:The first part is defined after the concept of non-punishmentbehavior,enumeration and analysis the concept of behavior after thenon-penalty,Leads to related problems,and on this basis to explain theconceptual differences,I think that The Afterwards act of impunity in thestate committed,after completion of the basic crime,to ensure the use ofillicit profits of the former behavior,implementation of anotheract,because the act did not have the Elements,Therefore,do not punishOffender.After identification of non-punishment behavior of greatsignificance for our judicial practice.The second part of the legal nature of the analysis after thenon-punishment behavior,also to seek the reasons.In explaining thebehavior after the non-penalty,Generate a lot of doctrine,includes Acrime included in said,Lapping of Legal Provisions said,Elements solutionin said,Anticipated possibility in said and so on.The doctrine or theoryof criminal law do not coincide with ours,Or the existence of the standard fuzzy,Therefore,they are not right to explain the non-punishment.Througha comparative analysis of Chinese and foreign on the non-penaltydoctrine,combined with the legal theory,I think Repeat evaluationprohibited is the reason of After the non-punishment behavior.The third part is analyzed The Afterwards act of impunity Elements,andthen,I think it is Originally of a crime.The Afterwards act of impunityexists in the state committed by the main acts constitute a crime andconsummated,the identity of legal interests, constitute the identity ofthe subject,the subsequent conduct of the non-criminal andnon-punitive.Absorption committed The Afterwards act of impunity andcriminal law theory, Implicated share many similarities,so The Afterwardsact of impunity may be considered to be the absorption of guilty orImplicated, through a comparative analysis,I think, after the non-penaltyact as a result of its non-criminal and legal interests against identitycharacteristics,and the absorption of offenders and Implicated there isa big difference,and should therefore belong to the original sin,independent provisions.The fourth part is the specific use of non-punishmentbehavior.Combination of common crime in the Penal Code,as well as sub-rulethe relevant provisions of the behavior of non-penalty discussed.In thecrime, and afterwards can not fine the behavior of the identifiedrelationship to the perpetrator of a crime or several crimes,the guiltyof abetting the implementation of the subsequent conduct of the citedanalysis,does not belong after the non-punishment behavior, severalcrimes should be the basic crime concurrence. In the criminal law,property crime and the subsequent behavior,the crime of counterfeitingcurrency and related behaviors are more common after the non-punishmentbehavior,and therefore to analyze the behavior after the non-penaltycrime of money laundering and predicate offenses,make clear what is afternon-punishment behavior.