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Under what circumstances are several crimes punished together and one felony chosen

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Under what circumstances are several crimes punished together and one felony chosen


        

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  • 2024-06-18 18:00:48

    "Combined punishment for several crimes refers to the punishment pronounced and executed according to certain principles after convicting and sentencing the criminals who have committed two or more crimes respectively. The applicable situations are as follows:

    1. Combined punishment for ordinary multiple crimes: refers to the punishment for one person committing multiple crimes;

    2. Combined punishment for missing crimes: after the judgment is announced and before the punishment is executed, it is found that the sentenced criminal has other crimes that have not been sentenced before the judgment is announced;

    3. Combined punishment for a new crime: refers to the situation that the sentenced criminal committed another crime after the judgment was announced and before the punishment was completed.

    Choose a felony punishment, that is, choose the more serious of the crimes to sentence them, and its application includes the following:

    1. Inclusive crime: refers to the situation that the perpetrator has committed another crime of a different nature in the process of committing a certain criminal act, but the latter is included by the former, the criminal law expressly stipulates that there is no combined punishment, and only the latter criminal act is regarded as the aggravating circumstances of the previous crime.

    2. Punishment with one legal crime: that is, the law expressly stipulates that certain implicated crimes shall be treated with a certain crime.

    3. Statutory alternative felony punishment: the law only stipulates the alternative felony punishment. "

    Legal basis

    Article 69 of the Criminal Law of the People's Republic of China [General principle of combined punishment for several crimes] If a person commits several crimes before the judgment is announced, except for those sentenced to death and life imprisonment, the term of imprisonment shall be less than the total term of imprisonment and more than the maximum term of imprisonment, and the term of imprisonment shall be determined according to the circumstances, but the maximum term of public surveillance shall not exceed three years, and the maximum term of criminal detention shall not exceed one year, If the total term of fixed-term imprisonment is less than 35 years, the maximum can not exceed 20 years; if the total term of fixed-term imprisonment is more than 35 years, the maximum can not exceed 25 years.
    Fixed term imprisonment shall be executed for those who are sentenced to fixed-term imprisonment or criminal detention among several crimes. If, among several crimes, there is a sentence of fixed-term imprisonment or public surveillance, or criminal detention or public surveillance, public surveillance must still be executed after the completion of the execution of fixed-term imprisonment or criminal detention.
    If a supplementary punishment is imposed on several crimes, the supplementary punishment shall still be executed. If the supplementary punishment is of the same type, it shall be executed jointly; if the supplementary punishment is of different types, it shall be executed separately.

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