Practical Dilemma and Judicial Resolution of Concurrent Punishment for Several Crimes of Accessory Punishment
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Graphical Abstract
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Abstract
There are practical dilemma in the concurrent punishment for several crimes of accessory punishment, such as difficulty in understanding the combined execution, confusion in the way of combined punishment of financial penalty and pecuniary penalty, and unclear necessity of combined punishment of omission crime and new crime, which has brought about the destruction of criminal human rights, the destruction of judicial authority and the increase of ineffective execution. Under the principle of taking into account the adaptation of crime, responsibility and punishment and the humanitarianism of punishment, as well as the authority of criminal rule of law and the principle of flexibility and efficiency, it should be clear that the combined execution does not only refer to the way of concurrent punishment. When there is no connection between the types and nature of accessory punishment, it refers to the way of concurrent punishment. When the types are different and the nature is the same, the way of absorption can be adopted, and when the types are the same, the way of concurrent punishment can be adopted. Flexible and efficient handling of the concurrent punishment for several crimes of accessory punishment is conducive to the protection ofthe implicit human rights of the defendant and the victim.
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