The Number Of Crimes For Stealing Credit Card Information To Forge Credit Cards And Using

At present,the controversy about the number of crimes of stealing credit card information to make cards and using behavior mainly exists in the two viewpoints of "punishment for a felony" and "several crimes should be punished together".There are also disputes about "strict multiple crimes should be punished together" and "compromise multiple crimes should be punished together" in the theory of "multiple crimes should be punished together".The main controversy of the above views lies in whether the act is convicted of one crime or several crimes and how to punish it.Through sorting out the relevant cases and reading the literature,we find that the above views have their own defects.The "punishment for a felony" only cognizing that the principle of causality between objective acts is inconsistent with the principle of consistency between subjective and objective,and that the principle of balance between crime and punishment is violated only by the theory of felony in essence;the "strict theory of combined punishment for several crimes" advocates the priority application of combined punishment for substantive crimes,which is vague.The boundary between implicated crime and typical multiple crimes is contrary to the principle of prohibiting repeated evaluation;the theory of "compromise multiple crimes combined punishment" separates the whole criminal act from evaluation,which inevitably increases or reduces the penalty imposed by criminals improperly.Therefore,in order to accurately identify the number of crimes of stealing credit card information to make cards and use them,we should first start from the meaning of stealing credit card information to make cards and use the behavior,and accurately grasp the connotation of the behavior.Secondly,on the basis of real cases in judicial practice,drawing on the advantages and disadvantages of existing theories and viewpoints,it is clear that the connotation of the crime number theory is to solve the problem of single crime and the principle of punishment,which involves not only the distinction between one crime and several crimes,but also the punishment of several crimes,the criterion of judging the number of crimes should be based on the constitution of crime as the criterion of distinguishing the number of crimes of one crime from that of several crimes,and on the principle of balance between crime and punishment and the principle of prohibiting repeated evaluation as the criterion of judging the number of crimes;the determination of implicated offenders should adhere to the principle of subjective and objective consistency,and the principle of severity of one felony should be adhered to.Finally,based on this theory,it is concluded that the act of stealing credit card information to make and use credit card belongs to the implicated offender.Although several crimes have been established in essence,in order to avoid repeated evaluation,the offender should be sentenced to one crime,and in order to achieve the principle of balance between crime and punishment,the offender should be severely punished from one felony.