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The law has a term, that is, the punishment of several crimes, and it is this problem that is solved, and it is really helping you look forward to it
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If an offender is guilty of more than one offence, the sentence shall be combined.
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If there is a crime of statues, it depends on whether the crime is punished together or the punishment is severe.
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If a convict has more than one crime, the sentence should be stacked separately and cumulatively.
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A method in which a person commits multiple crimes, and the court sentences the multiple crimes separately, and the punishments are combined.
1) Concurrent: Simply add up, and after convicting and sentencing several crimes separately, add the punishments for each crime together and enforce them all. There are two situations in which the principle of concurrent punishment is applied in China: the principal penalty and the supplementary penalty; between fines.
2) Absorption: Convict and sentence several crimes separately, select the heaviest punishment as the punishment to be enforced, and absorb the rest of the punishment by the heaviest punishment. The principle of absorption applies:
When the death penalty is imposed, the main punishment is only the death penalty; When there is no death sentence but there is a sentence of life imprisonment, only life imprisonment is carried out as the main sentence.
3) Aggravated restrictions: Conviction and sentencing for multiple crimes are to be convicted and sentenced separately, with the highest punishment for the multiple crimes as the basis, and the combined sentence for the multiple punishments is below the combined sentence, and the punishment to be enforced is to be determined at the discretion of law in accordance with law. The principle of restriction and aggravation shall apply to the combined punishment of multiple crimes of controlled release, short-term detention, or fixed-term imprisonment.
4) Mixed principles: The above different principles are adopted according to different types of punishment.
1. How to combine punishments for crimes that are found to have been omission after sentencing.
1) The time when the combined punishment for the omitted crime is discovered, and the time for the combined punishment for the omitted crime is after the judgment is announced and before the execution of the sentence is completed, which is also the fundamental difference between the combined punishment for the crime of the omission and the combined punishment for the crime of the Puhe hood.
2) The premise of discovering that there is a crime omitted and the punishment is that the premise of discovering that the criminal who has been sentenced has other crimes that have not been adjudicated before the verdict is announced. The other sins here are what we usually call the sin of omission. This omission can be either a different sin or a sin of the same kind.
3) Methods of concurrent punishment for crimes found to be omitted: The method of combined punishment for crimes found to be omitted is to make a judgment on the newly discovered crime, and decide the punishment to be enforced based on the punishment imposed by the two judgments before and after. The sentence that has already been served shall be counted within the sentence decided in the new judgment, and this method of combining punishment for multiple crimes is commonly known as combining punishment for multiple crimes and then commuting. According to the method of combining and then commuting, when a combined sentence is calculated when a crime is found to have been omitted, the sentence that has already been served shall be calculated to be within the sentence determined in the new judgment.
In other words, the sentence that has already been served in the previous judgment shall be deducted from the sentence that was decided to be enforced by combining the sentences imposed in the previous and subsequent judgments.
II. Sentencing for multiple crimes.
Where a person has committed several crimes before the judgment is announced, except where the death penalty or life imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence to be enforced below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of fixed-term imprisonment shall not exceed 20 years where the total sentence is less than 35 years, and the maximum sentence shall not exceed 25 years where the total sentence is 35 years or more.
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A crime does not necessarily constitute a single crime, but may be a case of several crimes. Where a person has committed several crimes before the judgment is announced, the sentence to be enforced shall be determined at discretion, except where the death penalty or life imprisonment is imposed on a high court sentence, and the sentence to be enforced shall be less than the total sentence and the maximum sentence among the several sentences.
[Legal basis].Article 69 of the Criminal Code.
Where a person commits multiple crimes before the judgment is announced, except where the death penalty or life imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence to be enforced below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of fixed-term imprisonment shall not exceed 20 years where the total sentence is less than 35 years, and the maximum sentence shall not exceed 25 years where the total sentence is 35 years or more.
Where a sentence of fixed-term imprisonment or short-term detention is to be given in several crimes, the fixed-term imprisonment is to be enforced. Where a sentence of fixed-term imprisonment and controlled release is given in several crimes, or short-term detention and controlled release, the controlled release must still be enforced after the fixed-term imprisonment or short-term detention is completed.
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Multiple crimes are also called combined punishment. 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. Counting sins refers to several sins committed by one person.
The time limits for constituting multiple crimes vary from country to country: some provisions occur before the verdict is pronounced, some stipulate before the verdict is determined, and still others stipulate before the execution of the sentence. Where a person commits multiple crimes before the judgment is announced, except where the death penalty or indefinite imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of fixed-term imprisonment must not exceed 20 years where the total sentence is less than 35 years, and the maximum must not exceed 25 years where the total sentence is 35 years or more.
If a supplementary sentence is given for several crimes, the supplementary punishment must still be enforced, and where the type of supplementary punishment is the same, it is to be enforced together, and where the types are different, it is to be enforced separately. The principle of combined punishment for several crimes includes: the principle of absorption, the principle of concurrent punishment, the principle of restriction and aggravation, and the principle of mixture.
[Legal basis].
Article 69 of the Criminal Law of the People's Republic of China where a judgment declares that a person has committed several crimes before, except where the death penalty or life imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of fixed-term imprisonment shall not exceed 20 years where the total sentence is less than 35 years, and the maximum shall not exceed 25 years where the total sentence is 35 years or more. Where a sentence of fixed-term imprisonment or short-term detention is to be given in several crimes, the fixed-term imprisonment is to be enforced. Where a sentence of fixed-term imprisonment or controlled release is given for several crimes, or short-term detention or controlled release, the controlled release must still be enforced after the completion of the fixed-term imprisonment or short-term detention.
Where there are several crimes where a supplementary sentence is given, the supplementary punishment must still be enforced, and where the type of supplementary punishment is the same, it is to be enforced together, and where the types are different, it is to be enforced separately.
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