Under what circumstances does omission occur? How to deal with the omission of the crime found in th

Handling of omissions found in the second instance of criminal cases:

Where it is discovered that a convict sentenced to imprisonment has omitted a crime for which he has not been sentenced, that is, one criminal has committed several crimes, and the punishment for multiple crimes shall be enforced for one criminal who has committed several crimes.

The combined punishment of criminals who have omitted crimes shall be determined in accordance with the provisions on criminal punishments, that is, a judgment is first made for the crime omitted, the enforcement period for the crime omitted is determined, and then the total sentence is calculated together with the sentence for enforcement of the previous crime, and the combined sentence for multiple crimes is determined, and finally the sentence for the previous crime that has already been served is subtracted, and the rest is the sentence that the criminal should still serve.

The principle of "combining first and then reducing" is to be implemented for multiple crimes that have been omitted. Where the total sentence is less than 35 years, the maximum must not exceed 20 years, and where the total sentence is 35 years or more, the maximum must not exceed 25 years.

Legal basis: The Criminal Law stipulates that after the judgment is announced, but before the execution of the criminal punishment is completed, if it is discovered that the convicted criminal has other crimes that have not been sentenced before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment of the two judgments shall be given.

In accordance with the provisions of article 69 of the Criminal Code, the sentence to be carried out is determined. The sentence that has already been served shall be counted within the sentence decided in the judgment.

"Omitted crimes" refers to the discovery that the sentenced criminal has other crimes for which the sentenced criminal has not been sentenced after the people's court has pronounced the verdict on the criminal

Where it is discovered that the convict sentenced to imprisonment has not been convicted of any crime that has not been convicted, that is, if a criminal commits several crimes, the punishment for the multiple crimes shall be enforced for a single criminal.

The combined punishment of criminals who have omitted crimes shall be determined in accordance with the provisions on criminal punishments, that is, a judgment is first made for the crime omitted, the enforcement period for the crime omitted is determined, and then the total sentence is calculated together with the sentence for enforcement of the previous crime, and the combined sentence for multiple crimes is determined, and finally the sentence for the previous crime that has already been served is subtracted, and the rest is the sentence that the criminal should still serve.

Analysis of the law:

Handling of crimes discovered during the second-instance trial: The principle of combining first and then reducing should be adopted to combine punishments for multiple crimes. Combined punishment for multiple crimes refers to the sentence in which a convict who commits two or more crimes is convicted and sentenced separately for each crime committed, and the sentence is pronounced and enforced in accordance with certain principles.

Legal basis: Criminal Law of the People's Republic of China Article 70: Where, after the judgment is announced, but before the execution of the criminal punishment is completed, it is discovered that the convicted criminal has other crimes that have not been adjudicated before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment given in the two judgments before and after shall be decided in accordance with the provisions of article 69 of this Law. The sentence that has already been served shall be counted in the sentence decided in the new judgment.

How to deal with crimes that are found to have been omitted during the second-instance trialArticle 70 of China's Criminal Law stipulates that the method of "combining the previous and then commuting" shall be adopted for the punishment of the crime of omission. The prerequisites are: First, it must be discovered that the sentenced criminal still has omissions after "the verdict has been pronounced and has taken legal effect" and before the execution of the criminal punishment is completed.

Instead of being applied immediately after the judgment is pronounced, it does not have to wait for the judgment to enter into force. The legislative intent of "after the judgment is announced" in Article 70 of the Criminal Law of the People's Republic of China actually refers to the fact that after the judgment has been pronounced and has taken legal effect.

Article 70 of the Criminal Law: [Combined Punishment for Omitted Crimes Discovered After the Judgment is Announced] Where, after the judgment is announced, but before the execution of the punishment is completed, it is discovered that the convicted criminal has other crimes that have not been adjudicated before the sentence is announced, a judgment shall be made on the newly discovered crime, and the punishment given in the two judgments before and after shall be decided in accordance with the provisions of article 69 of this Law. The sentence that has already been served shall be counted in the sentence decided in the new judgment.

In criminal retrial cases tried in accordance with the second-instance trial procedures, if new facts are discovered that might affect the conviction, the people's court cannot recommend that the people's procuratorate supplement the indictment or modify the indictment. This is because once the people's procuratorate supplements the indictment or changes the indictment, the people's court may make a judgment in accordance with the law, and the judgment made after trial in accordance with the second-instance trial procedures is a final judgment, and it can neither appeal nor protest in accordance with the second-instance trial procedures, which will affect the procedural rights of the parties. In fact, the discovery of a crime omission in the course of the retrial in accordance with the second-instance trial procedures shows that the facts of the original trial were unclear, and after trial, the second-instance trial court shall, in accordance with the provisions of the Criminal Procedure Law, rule to revoke the original judgment and remand to the original people's court for new trial.

Legal Analysis: Handling of Crimes Discovered During the Second Instance Trial: The principle of combining first and then reducing should be adopted to combine the punishment for multiple crimes. Combined punishment for multiple crimes refers to a sentence that is pronounced and enforced in accordance with certain principles after a conviction and sentencing for each crime committed by a prisoner who has committed two or more crimes.

Legal basis: Criminal Law of the People's Republic of China: Article 70: Where, after the judgment is announced, but before the execution of the criminal punishment is completed, it is discovered that the convicted criminal has other crimes that have not been adjudicated before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment given in the previous and subsequent judgments shall be determined in accordance with the provisions of article 69 of this Law. The sentence that has already been served shall be counted in the sentence decided in the new judgment.

Handling of crimes discovered during the second-instance trial: The principle of combining first and then reducing should be adopted to repent and punish several crimes together. Combined punishment for multiple crimes refers to a sentence that is pronounced and enforced in accordance with certain principles after two or more offenders who have committed two or more crimes have been convicted and sentenced separately for each crime committed.

Article 70 of the Criminal Law: Where, after the judgment is announced, but before the execution of the criminal punishment is completed, it is discovered that the convicted criminal has other crimes that have not been adjudicated before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment given in the previous and subsequent judgments shall be determined in accordance with the provisions of article 69 of this Law. The sentence that has already been served shall be counted in the sentence decided in the new judgment.

Article 70 of the Criminal Law: Where, after the judgment is announced, but before the execution of the criminal punishment is completed, it is discovered that the convicted criminal has other crimes that have not been adjudicated before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment imposed in the two judgments before and after shall be determined in accordance with the provisions of article 69 of this Law. The sentence that has already been served shall be counted within the sentence decided in the new judgment.