Research On The Principle Of The No Additional Punishment In Our Criminal Procedural Law

The no additional punishment is the principle with which we need to comply in the criminal appeal trial. And the principle is also established in our criminal procedure law. But when we use this principle, we find many problems. As a result of complexity of the problem,we can solve the problem of application by analyzing the special case —change from several crimes as a crime. Before discussing the problem,we need to understand "one center, two basic points". A center refers to: we should clarify the theoretical foundation of the principle of no additional punishment, namely we ought to take the guarantee of rights of appeal as the core of the no additional punishment. Two basic points are: firstly,we need to make sure the category of "punishment", that is, "punishment" should be involved in the principal penalties, accessory penalties, probation, restrict commutation and legal evaluation; secondly, we should judge whether the "punishment" is increased or not. At this time,we can need to determine whether the "punishment" is hard or not by fixing the criteria. And we can see the "facts" as a measure of mediation by theoretical analysis.When we deal with the special cases, we can use the general standard and special standard to measure whether the "punishment" is hard or not. Referring to the general standard, the similar punishment change from light to heavy, we can take it as increasing penalties; when we change the punishment from one to another, we can view anyone being increased as the punishment being increased. For example, when principal penalties are to be shortened and it extends the probation in trial on appeal, we should also consider that it violates the principle of no additional punishment on appeal. The special standard has two requirements. One of the special standard requires that we can solve the problem of legal evaluation by introducing the “ein einheitlicher geschichtlicher Vorgang”.And it does not affect the treatments of the criminal; the other standard requires that when we think one of two crimes which have some relations is not guilty in the appeal trial, we can see execution punishment as a measure to judge whether aggravating punishment or not by providing sufficient theory;the other one requiresAlthough we summarize the general standard and general standard by dealing with the special cases,the standards are still applied in other cases.