Research on "Multiple" Crime in the Criminal Law
Xiong Ya-we
Abstract
Xiong Ya-we
Abstract
The multiple crime in the Criminal Law is also called multiple aggravated offense. In essence, it is a criminal law phenomenon that several crimes of one kind can be legally punished as one charge with increased penalties. As the lawmakers take the times of committing crimes as the conditions for upgrading statutory sentence, the criminal law has shown the obvious tendency of severe penalty in punishing such crimes,so it's imperative to stick to the judgment principles of unifying facts and value, objectivity and subjectivity when identifying the times. The constitution of a single crime in multiple crime only requires that the act is a crime, regardless of whether it has accomplished, attempted, prepared or suspended forms. Even the contents of a one-time abetting or helping have involved or resulted in multiple crime, the instigator or helper shall not be evaluated as a multiple crime, equaling to the perpetrator.
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The multiple crime in the Criminal Law is also called multiple aggravated offense. In essence, it is a criminal law phenomenon that several crimes of one kind can be legally punished as one charge with increased penalties. As the lawmakers take the times of committing crimes as the conditions for upgrading statutory sentence, the criminal law has shown the obvious tendency of severe penalty in punishing such crimes,so it's imperative to stick to the judgment principles of unifying facts and value, objectivity and subjectivity when identifying the times. The constitution of a single crime in multiple crime only requires that the act is a crime, regardless of whether it has accomplished, attempted, prepared or suspended forms. Even the contents of a one-time abetting or helping have involved or resulted in multiple crime, the instigator or helper shall not be evaluated as a multiple crime, equaling to the perpetrator.
Key concepts: Criminal law, Law, Constitution, Sentence, Objectivity (philosophy), Statutory law, Value (mathematics), Criminology