Sentencing Research Of Consummated Crime And Criminal Attempt Coexist In Multiple Extortions

The crime of extortion is a kind of property crime, according to the relevant regulations of the current criminal law, crime of extortion constitutes a crime with the amount of property requirements, so it belongs to the amount of property crime. In addition to the amount of property is the crime of blackmail and impose exactions on crime condition, but also affect the sentencing. This paper mainly discusses the problem of sentencing behavior repeatedly accomplished and attempted to blackmail and impose exactions on the. In view of the special role of the crime amount, of many acts of extortion, attempted and accomplished coexist situation of the crime amount calculation method of choice will have a significant impact on human behavior of sentencing severity. And accumulative calculation is in accord with the criminal legislation spirit and principle of balance between crime and punishment of scientific calculation method, adhere to and the accumulative calculation principle of multiple acts of extortion, attempted and accomplished coexist situation in amount accomplished, attempted amount, cumulative amount of aggregate analysis, ultimately determine the behavior of the sentencing range.Except the introduction and conclusion,this article is divided into the following three parts:The first part: Overview of consummated crime and criminal attempt coexist in multiple extortions. The judicial practical cases leads to the main problem discussed in this paper, the analysis of judicial practice of many acts of extortion, attempted and accomplished coexist circumstances of sentencing existing problems. The distinguish standard of accomplished and attempted extortion and crime attempted shape make brief analysis, and repeated acts of extortion, attempted and accomplished the coexistence of cognizance of the knotty problem analysis and clear many acts of extortion, attempted and accomplished circumstances of sentencing and improve the necessity.The second part: Many theories and judicial of consummated crime and criminal attempt coexist in multiple extortions. This part respectively from the theory of criminal law and the law(mainly with extortion crimes related to judicial interpretation) carries on the analysis proof. On the criminal law theory of the existence of the overall accomplishment said, overall attempt, a weight penalty, conversion, limiting cumulative said analysis of learning, absorb the feasible part and abandon the suiting punishment to crime and criminal responsibility of violation. On crime of theft, crime of fraud of the judicial interpretation about the coexistence of multiple theft and fraud attempted and accomplished the sentencing method analysis of analysis of the reason for to reference, and their shortcomings are pointed out. Rational analysis and reference for the accomplished and attempted behavior coexist situation repeatedly blackmail and impose exactions on the need to find a reasonable way to improve the sentencing.The third part: Standardization of sentencing recommendations of consummated crime and criminal attempt coexist in multiple extortions. To promote and perfect calculation method and accumulated many behavior accomplished and attempted to blackmail and impose exactions on sentencing circumstances coexist. And accumulated in line with the spirit of criminal legislation, follow the guilt adapts the principle, to save the judicial resources, adhere to and the cumulative requirements, of multiple acts of extortion, attempted and accomplished coexist situation of crime amount(amount accomplished and attempted amount, accumulative calculation amount) comprehensive analysis, select the appropriate sentencing range.