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Discussion On Related Issues Of Implicated Offender

Posted on:2019-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2346330542486168Subject:Law
Abstract/Summary:PDF Full Text Request
Implicated offense for a criminal purpose,means,the implementation of a number of criminal acts,implicated in the relationship between means and purpose or reason and result between a number of acts,respectively,to commit several crimes of the crime.For the first problem is that implicated offense implicated offense is a kind of objective existence,it applies to the phenomenon of law do not destroy because of the abolition of the conception of implicated offense and crime.Secondly,from the elements and subjective intention to identify the implicated offender.Implicated offense is the number of cases were consistent with the two has been implicated in the relationship of criminal behavior of different crime constitution,but in judicial practice,usually as a crime,but the number of crimes The essence is still a few sins.The implicated offender should follow the principle of combined punishment of implicated offense is not,but because of the common crime number,in the conviction to take the number of crimes,so the evaluation,in sentencing should also be different from common punishment,whether it has been implicated in the relationship is no longer the sole discretion determines a crime belongs to the sentence or the number of the crime is only a factor to judge the comprehensive investigation on the case in the discretion of punishment,and how to use it for.The judge shall judge the specific circumstances according to the specific circumstances of the case.
Keywords/Search Tags:Implicated Offense, Implicated Relation, Breaking Principle, Cumulative Punishment
PDF Full Text Request
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