Combined punishment for several crimes is a sentencing circumstance when one person commits several crimes as stipulated in the criminal law. Combined punishment for several crimes can be divided into two types: first reduction and then combination, and first reduction and then combination, which should be applied according to different situations. Before the judgment is pronounced, if a person commits several crimes, except death penalty and life imprisonment, the execution period shall be decided as appropriate, but the maximum public surveillance shall not exceed three years, criminal detention shall not exceed one year and fixed-term imprisonment shall not exceed 20 years. If several crimes are combined, the additional punishment must still be executed. If, after the judgment is pronounced but before the execution of the punishment is completed, it is found that the sentenced criminal committed other crimes before the judgment is pronounced, a judgment shall be made on the newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law. The executed sentence shall be included in the sentence of the new judgment. If a sentenced criminal commits another crime after the judgment is pronounced but before the punishment is completed, he shall make a judgment on the new crime and decide the punishment to be executed in accordance with the provisions of Article 69 of this Law. The principle of combined punishment for several crimes includes: 1. The principles adopted by criminal laws in various countries mainly include absorption principle, merger principle, restriction and aggravation principle and mixing principle; 2. China's criminal law adopts the mixed principle of combined punishment for several crimes and execution of fixed-term imprisonment, that is, before the people's court pronounced a sentence, the execution period of a person who committed several crimes should be decided at his discretion, except for the death penalty and life imprisonment, but the maximum penalty for combined punishment for several crimes should not exceed three years, the maximum criminal detention period should not exceed one year and the maximum fixed-term imprisonment should not exceed 20 years. Editing the specific provisions of this paragraph, we can see that there are three specific provisions for the execution of combined punishment for several crimes: First, if one of several crimes is sentenced to death or life imprisonment, the death penalty or life imprisonment shall be executed. For example, Jiang Yanping, a greedy Hunan Construction Engineering Group, was sentenced to death for accepting bribes, suspended for two years, deprived of political rights for life, and confiscated property of RMB/kloc-0.00 million yuan. Combined punishment for several crimes, decided to execute the death penalty, suspended for two years, deprived of political rights for life, and confiscated property of RMB 1 million. 2. If the total sentence of combined punishment for several crimes is less than the maximum sentence of combined punishment for several crimes, the execution sentence shall be decided as appropriate. For example, the crime of abducting and selling women was sentenced to seven years in prison, the crime of raping women was sentenced to nine years in prison, and the crime of introducing prostitution was sentenced to three years in prison. Several prison terms of criminals add up to 19 years, and the sentence decided to be executed is less than 19 years. The maximum sentence for combined punishment of several crimes is nine years, and the actual sentence executed by the criminal should be more than nine years but less than nineteen years. 3. The combined punishment for several crimes shall not exceed three years, criminal detention shall not exceed one year, and fixed-term imprisonment shall not exceed twenty years. This is the maximum execution sentence for combined punishment of several crimes. All crimes are sentenced to public surveillance, and the total amount of public surveillance reaches five years, but the maximum execution period does not exceed three years, that is to say, the maximum execution period is three years. In addition, if several crimes are combined and sentenced to additional punishment, the additional punishment should also be executed, and several crimes should be combined. The criminal law stipulates that "if several crimes are combined and sentenced to additional punishment, the additional punishment must still be executed." The system of combined punishment for several crimes in China's criminal law refers to the system in which the people's court punishes one person for several crimes and then decides the execution of the punishment according to the principles stipulated in the criminal law. This system mainly has the following three characteristics: (1) The characteristic of several crimes is one-person crime. This is the premise of combined punishment for several crimes. Therefore, the correct application of combined punishment for several crimes should first pay attention to the correct distinction between one crime and several crimes. An actor intentionally or negligently commits more than two acts with more than two crimes, and if more than two crimes constitute a crime, it is a number of crimes. Only by combining punishment for several crimes can we combine punishment for several crimes. (2) The time feature is that several crimes must occur within the statutory time limit. According to the provisions of China's criminal law, if the actor is found guilty of several crimes before the execution of the penalty, he should be punished for several crimes. Specifically, the following situations should be combined punishment for several crimes; (1) The judgment declares that one person has committed a heterogeneous crime before; (2) After the verdict is pronounced, the penalty has not been executed completely or the crime of missing the sentence is found within the probation period of probation or parole; (3) committing a new crime after the execution of the penalty or within the probation period of probation or parole. (3) The principle is characterized by combining several crimes committed by one person, and on the basis of conviction and sentencing for each crime, the penalty to be executed is decided according to the statutory principle. Before and at the beginning of the promulgation of the Criminal Law, the method of combined punishment for several crimes was generally adopted in judicial practice, that is, only each crime was convicted separately, not several crimes were combined, and only several crimes were sentenced as a whole. 1951February 15, the Supreme People's Court pointed out in "Reply on How to Measure the Penalty for the Crime of One Person": "The question of how to measure the penalty for the crime of one accused by a court ... The principle is that the punishment for each crime should still be announced separately before the punishment for its execution." However, this "reply" also provides an authoritative basis for the "heap estimation" method. The second item of the Reply says: "There are some court judgments, although several crimes have been found in fact, but only one kind of punishment has been declared in the text, which can also be considered as simple and permissible." Facts have proved that the sentencing method of "evaluating piles" in the combined punishment of several crimes can neither guarantee the accurate application of the law nor the quality of handling cases, and it is difficult to find improper judgments, even if found, it is not convenient to correct them, so it is not desirable. In trial practice, even if one or more of several crimes should be sentenced to life imprisonment or death penalty (including suspended death sentence), each crime should be sentenced separately, and then the maximum penalty should be determined according to the principles stipulated in the Criminal Law. 1On June 26th, 987, the Supreme People's Court clearly pointed out in the Notice on How to Combine Punishment for Several Crimes in Cases Sentenced to Life Imprisonment or More: "For cases that should be sentenced to life imprisonment or death penalty for more than one crime (including death penalty with a two-year suspension, the same below), if sentencing is not carried out separately, we will not see how to sentence each crime, which may affect the defendant's right of appeal. This will also make it difficult for the higher court to review whether the original judgment and sentencing are appropriate ... In the future, if the defendant commits several crimes, and more than one of them should be sentenced to life imprisonment or death, he should be sentenced separately for each crime and then decide the maximum punishment. " Editing this paragraph and punishing it is a crime of one person, which has existed since ancient times. For how to combine punishment for several crimes, there are many laws in past dynasties that stipulate the combination of punishment for several crimes. After the founding of New China, because there is no systematic and codified criminal law for a long time, the problem of combined punishment for several crimes can only be solved by some single laws and judicial interpretations. Because the legislation is not clear, many problems lack legal provisions, and the actual operation in judicial practice is difficult and arbitrary, and the solutions to many problems are neither unified nor scientific. 1979 after the promulgation of the criminal law of People's Republic of China (PRC), the principle of combined punishment for several crimes and the specific methods of combined punishment for several crimes under different circumstances were comprehensively and systematically stipulated, which provided legal basis and guarantee for the people's court to correctly solve the problem of combined punishment for several crimes. Specifically, the implementation of combined punishment for several crimes has the following significance: the principle of adapting crime to punishment inevitably requires that the basis of sentencing is the social harm of criminal acts and the personal danger of criminals. Compared with one person committing several crimes, one person committing one crime is much more dangerous in terms of social harm and personal danger of the actor. Therefore, people who are punished for several crimes should naturally be more severely condemned by the society. Combined punishment for several crimes embodies the spirit of heavier punishment. Even if the maximum punishment for several crimes is death or life imprisonment, only death or life imprisonment will be executed. Respective conviction and sentencing also show that the degree of social condemnation of combined punishment for several crimes is greater than that of combined punishment for one crime. It is an inevitable requirement of the principle of a legally prescribed punishment for a crime and a punishment for one thing. Marx pointed out: "Punishment should be the inevitable result of a criminal's behavior." Without proper punishment, or there is no difference between combined punishment for several crimes and combined punishment for one crime, it is impossible to curb the occurrence of crimes and establish a good social order. Therefore, as a principle of criminal law, combined punishment for one crime has been widely recognized. To follow this principle, several crimes must be combined with punishment. It is an inevitable requirement to realize the purpose of punishment. Crime is the negation of normal social order, and punishment is the negation of crime. Through this negative process, the concept of social justice was expressed and the normal social order was restored. There is no difference between one crime and several crimes in punishment, which can not achieve the purpose of curbing crime, resulting in obvious imbalance between the harm caused by criminal behavior and the punishment received by criminals, and can not achieve the purpose of preventing crime through punishment. Principles to be followed in editing this paragraph All countries have stipulated the principle of combined punishment for several crimes, which can be summarized as follows: the principle of absorbing heavy and light, and the principle of absorbing light punishment for misdemeanor or felony. 1, felony absorption misdemeanor is only sentenced according to the statutory punishment of the heaviest crime among several crimes, which is commonly called "severe punishment". For example, if a person commits both murder and theft, he shall be sentenced according to the punishment prescribed for murder. China Tang, Ming and Qing laws are all like this. For example, the "Six Famous Cases" in the Law of the Tang Dynasty stipulates: "Both crimes are more than one, and the heavier one is one. Wait from the first. If a crime starts first, it has been decided, and the remaining crimes are behind, if it is light, don't discuss it; What's more, let's talk about it, and calculate the sin before the crime. " 2. Heavy punishment absorbs light punishment. After the number of crimes is sold separately, only the punishment combining the maximum number of crimes with severe punishment will be executed. Article 40 of the Criminal Code of the Russian Federation (1960) stipulates two ways of combined punishment for several crimes. First, the principle of absorbing light punishment from heavy punishment is stipulated: "If a criminal commits more than two crimes stipulated in different provisions of this Law and does not punish any of them, the court shall first punish each crime separately, and then adopt the method of absorbing light punishment from heavy punishment." According to the principle of absorption, "as long as it is executed according to felony or heavy punishment, misdemeanor or light punishment is already in it, which is quite convenient in practice." However, those who oppose this principle believe that the principle of absorption is tantamount to encouraging people who have committed felony to commit misdemeanor again, because there is no penalty for misdemeanor. According to the principle of "one crime and one punishment" in criminal law, the combined punishment of several crimes is sentenced separately and then executed together. For example, if a criminal commits two crimes, a crime should be sentenced to 10 years' imprisonment, a crime should be sentenced to 5 years' imprisonment, and a combination of two crimes should be sentenced to 15 years' imprisonment. Italy's Criminal Code 1930 adopts this principle, stipulating that criminals who are punished for several crimes should be sentenced to fixed-term imprisonment of not more than 24 years respectively, and the term of punishment for several crimes should be equal to the sum of individual punishments for each crime. This sentence may be several times higher than the maximum sentence for an individual conviction. If the nature of punishment does not allow the implementation of the principle of merger, the punishment shall be heavier. For example, when the penalty for both crimes is the maximum deprivation of liberty (24 years), the sum of the two crimes should be life-long hard labor; If a criminal is sentenced to life hard labor twice, he will be sentenced to death together. The principle of limiting aggravated punishment is that the combined punishment of several crimes is aggravated according to the punishment of the most serious crime, or the execution period of the combined punishment of several crimes is determined to be lower than the total punishment and higher than the maximum punishment, and it is stipulated that it shall not exceed a certain period. For example, if a criminal commits two crimes, a crime should be sentenced to 10 years' imprisonment, and b crime should be sentenced to five years' imprisonment, that is, within the range of 15 and 10 years. However, the combined punishment of these parts shall not exceed the maximum sentence prescribed by law. The principle of compromise is used to sentence several crimes separately. According to different situations, different punishment principles are adopted, such as absorption, combination and restriction: if several crimes are combined and sentenced to death or life imprisonment, the absorption principle is adopted, that is, only the death penalty or life imprisonment is executed, and other light punishments are excluded; For those sentenced to several fixed-term imprisonment, criminal detention and other punishments, the principle of restriction and aggravation is adopted, that is, the executed sentence is below the total sentence, and the highest sentence among several punishments shall not exceed a certain period; Those who are sentenced to fixed-term imprisonment and concurrently fined shall adopt the principle of merger and be executed in combination. Because the eclectic principle is more comprehensive and flexible than the simple principle of absorption, merger or restriction and aggravation, many countries adopt this principle, but there are two or three eclectic principles. Article 46 of Japan's criminal law stipulates the absorption principle of combined punishment for several crimes; Article 47 stipulates the principle of limitation and aggravation of combined punishment for several crimes; Article 48 stipulates the principle of combined punishment for several crimes. Edit the relevant provisions of this paragraph. The Criminal Law of People's Republic of China (PRC) also has explicit provisions on combined punishment for several crimes. Article 15 of the Regulations on Punishing Counterrevolutionaries in People's Republic of China (PRC) stipulates: "Whoever commits various crimes, except those sentenced to death or life imprisonment, shall be sentenced to a penalty lower than the total penalty and higher than the maximum penalty, as appropriate." Paragraph 2 of Article 4 of the Regulations on Punishing Corruption in People's Republic of China (PRC) stipulates: "Whoever commits other crimes for corruption shall be punished for several crimes." However, in the trial practice, the method of combined punishment for several crimes and discretionary sentencing is often applied. The Criminal Law of People's Republic of China (PRC) adopts the principles of absorption, restriction and combination. When one of several crimes should be sentenced to death or life imprisonment, the principle of absorption should be applied to exclude other light punishments. For those sentenced to other punishments, the principle of restriction and aggravation applies, that is, if the total punishment is less than the maximum punishment for several crimes, the execution term shall be decided as appropriate; At the same time, the maximum period of combined punishment for several crimes is stipulated, such as public surveillance of less than three years, criminal detention of less than 1 year, and fixed-term imprisonment of less than 20 years. As for several crimes, if there is an additional punishment, the additional punishment must still be executed, that is, the principle of merger applies.