According to different conditions , act of forging and using credit card should be punished in different ways 既有“伪造”又有“使用”行为的定性,是实行数罪并罚,还是从重罪处罚,应区别情况分别对待。
2.
Furthermore , different kinds of rules are included : combined punishment for plural crimes , heavier punishment for a major offense and specified regulation to the extent of discretion of punishment 不仅如此,这些体现的处罚原则又包括几种不同类型:数罪并罚;从一重处断;单独的法定刑等等。
3.
But , in the condition of coincidence of law , one of the accusal can make comprehensive criminal estimate for legal interests , continuous offence absorbed offence and continuous offence should adopt the principle of punishments for plural crimes 由于连续犯、牵连犯和吸收犯侵犯的都是数法益,从全面评价法益的角度讲,应当实行数罪并罚。
4.
Article 86 if a criminal who is granted parole commits another crime during the probation period for parole , the parole shall be revoked , and he shall be given a combined punishment for several crimes as provided in article 71 of this law 第八十六条被假释的犯罪分子,在假释考验期限内犯新罪,应当撤销假释,依照本法第七十一条的规定实行数罪并罚。
5.
In order to protect intellectual property rights , the doctrine of cumulating punishment and the blockade theory of judgment should be applied when violation of property rights is mixed with other criminal violations 知识产权犯罪与其他犯罪之间产生竞合关系、牵连关系时,应当适用“数罪并罚”原则以及“轻法的封锁作用” ,理论,以期加强时侵犯知识产权行为的打击力度,确实保护知识产权制度。
6.
For criminals who have committed new crimes in the prison or reform - through - labour institution , violating criminal law , the people ' s court , in accordance with the law , is petitioned to pass sentence for the new crimes , to be added to the remaining term of imprisonment for the old crimes 对在监狱、劳改场所内重新犯罪,触犯刑律的,要依法提请人民法院对新罪应处的刑罚和旧罪未执行完毕的刑罚予以数罪并罚。
7.
If a criminal who is granted parole is discovered to have committed , before the judgment is pronounced , other crimes for which no punishment is imposed , the parole shall be revoked and a combined punishment for several crimes shall be given according to the provisions of article 70 of this law 在假释考验期限内,发现被假释的犯罪分子在判决宣告以前还有其他罪没有判决的,应当撤销假释,依照本法第七十条的规定实行数罪并罚。
8.
By enumerating and analyzing the dissonant cases which may arise when deprivation of political rights as a supplementary punishment and the principal punishment are applied to combined punishment for several crimes , suspension of sentence and parole , the author puts forwards sortie suggestions on how to improve some related articles of china ' s criminal law 在列举、分析其与主刑在适用数罪并罚、缓刑、假释等刑罚制度时可能出现种种不协调情形的基础上,对完善我国刑法的相关条款提出了一些建议。
9.
Whoever , by means of violence or threat , resists the seizure of smuggled goods shall be punished for the crime of smuggling and the crime of preventing state functionaries from performing their duties according to law , as stipulated in article 277 of this law , and in accordance with the provisions regarding the combined punishment for several crimes 以暴力、威胁方法抗拒缉私的,以走私罪和本法第二百七十七条规定的阻碍国家机关工作人员依法执行职务罪,依照数罪并罚的规定处罚。
10.
To the contrary , if one " conducts could not be completely appraised by any one crime structure , it is inadequate to appraise his conducts with merely one crime structure . the principle of fulfillment helps to punish the criminal legally and publicly , that ' s to say , any matter or situation considered in the case by the judges should be open to the criminal . not mentioning to the law stipulation in conviction does harm to the publicity and perspicuity of the verdict 如果行为人通过一个犯罪事实实现数个构成要件,这些构成要件彼此之间含有相同的要素,也各自含有不同的要素(想象竞合) ,如果依照这些构成要件对行为人处以数罪并罚,那么将违反双重评价禁止原则;如果仅对行为人适用其中一个构成要件,科处一个刑罚,而其余的不加考虑,那么我们将违反用尽原则。