论漏罪处罚之完善-@@专业论文.docx

1 1 2 2 Abstract As for the said issues, the author starts from a case with suspension of execution, makes more extreme supposition on the case, amplifies the problems and proposes that the current criminal law provides that the system that after the omitted crimes are detected, no recognition on the commutation of the former crime in the execution period, the commutation from the former crime shall not be recognized during the execution of the former crime is not reasonable under some circumstances, which may cause the occurrence of obviously unreasonable and overlong term of imprisonment. In the meantime the author develops the thought based on this, assumes four relatively extreme cases with the method of inferring other things from one fact, and analyzes the unreasonable circumstance of the provisions in the current criminal law on the omitted crimes under some special circumstances. The current provisions in China on the system for omitted crimes consist of Articles 70, 77 and 79 as well as several directory documents promulgated by the Supreme People’s Court, forming several punishment principles for omitted crimes, including the principle of subtraction after addition, the term of imprisonment executed shall be deducted from the term decided in the new judgment, the new judgment does not recognize the commutation from the former crime, and whether the omitted and the former crime belongs to the crime with the same nature, the criminal shall be punished for several crimes. In the judicial practice within many years, the judicial organs strictly implement the above laws and documents, unifying judicial means and justice scale in a better manner; however, the current system for omitted crimes are not sound enough without no defects, which is only prominent under some extreme circumstances not under most circumstances. Instance one, where the defendant who is sentenced to death penalty a two-year suspension of execution is found of omitted crimes after he has gon