Research On The Punishment Of The Plural Crimes Of A Kind Under Demand

The academic holds different opinions about how to punish the criminal whocommitted several same crimes which have been found before judgment.Somescholars trend to deal those crimes as a whole and punish this whole crime，which wecall it theory A. However， some scholars trend to punish those crimes respectively，which we call it theory B.Further more，some scholars think that it should take thetwo methods above，which we call it theory C.It seems that all of the three opinionspurpose to make the the punishment suit for the crime.However，sentencing preciselyis the premise and necessary condition for the justice of sentencing.The sentencingcircumstance that belongs to a crime should not influence another crime，which iscalled the principle of the border of effectiveness.Therefore，when punishing thecriminal who committed several same crimes which have been found beforejudgment，we should not only meet the principle of suiting punishment to crime，butalso consistent with the principle of the border of effectiveness.Through a comprehensive analysis of those different opinions，we can find that it isnecessary to give a more perfect answer to this question that is how to punish thecriminal who committed several same crimes which have been found beforejudgment.Due to the theory A has different ways to punish the same crimes and theroles of the sentencing circumstance are different， it is necessary to distinguishdifferent kinds of sentencing circumstance and analysis it respectively.Throughcomparative analyzing theory A and theory B and the inspection with the principle ofsuiting punishment and the principle of the border of effectiveness，we can drawn theconclusion basically that we should punish those crimes respectively except of somespecial situations which we must take the way belongs to the theory A.