Implicated offenses refer to situations in which the means or result of the crime are different from the purpose or cause. Such as the crime of forging stolen property and forging a seal to counterfeit the crime. The punishment of implicated offenders shall be punished by one felony or one heavier. The reason is that there is only one criminal purpose for implicated crimes, and there is an implicated relationship between instrumental behavior and purposeful behavior among several behaviors. The principle of adaptability between crime and punishment can be reflected from the heavy punishment.
1. The objective aspect of implicated offenders is that the perpetrator has committed two or more harmful acts that meet the specific elements of a specific crime; the subjective aspect is that there are several intentional crimes under the control of the implicated intention; the objective of the crime is two or more The behavior violates different direct objects.
2. The imposition of concurrent penalties for implicated offenders complies with the basic principles of criminal law applicable to crime and punishment. The degree of social harm of implicated offenders is not fundamentally different from several completely independent crimes without implication.
3. The imposition of multiple crimes and penalties on implicated offenders is in line with the spirit and development trend of China s criminal legislation. In recent years, the criminal punishment and judicial interpretation of the implicated offenders have been stipulated.
4. The imposition of penalties on implicated offenders can help to get rid of theoretical difficulties and solve judicial problems. The various dilemmas that implicated offenders have faced since its emergence show that the research of implicated offenders has entered the dead end, and the implementation of concurrent punishment for them, which is regarded as the crime of multiple penalties, determines the existence, abolition and implication of the implicated offender. Wait for a series of problems to be solved. Due to the existence of implicated offenders, in judicial practice, for the same criminal facts, it is claimed that they are implicated offenders, assimilation offenders, imaginary joint offenders, aggravated offenses, and simple offenders. These problems will also be overcome.
5. The imposition of multiple penalties for implicated offenders is an inevitable requirement for the purpose of our criminal law. Implicated offenses are multiple crimes, one offense and one punishment, and multiple offenses must be punished. The punishment of implicated offenders is conducive to achieving the goal of general prevention. As for the actor s subjective guilty of one crime, it is considered a crime, which can be regarded as an erroneous understanding of the actor s law, and cannot be used as a reason for not being punished concurrently.
6.Since the implicated offender has been recognized, it has been recognized very few worldwide, and countries that originally recognized the implicated offender (such as Japan) are also preparing to abolish it.
7. The concurrent punishment of implicated offenders can be balanced with the principle of continuous offenses and absorption of offenses. The consistency of the homogeneity of consecutive offenses and the basic nature of each criminal act of absorbing offenders determines the principle of one-off punishment for them.
The reasons for multiple crimes and penalties have been explained in detail above, and there are seven in total. In fact, sometimes multiple crimes and punishment require specific analysis, after all, in different aspects and to varying degrees, convictions for convicted offenders will be different. Conviction requires evidence and sentencing in accordance with our law.