I. Relevant provisions on combined punishment for several crimes:
1. The fixed-term imprisonment stipulated in Article 45 of the Criminal Law shall be not less than six months but not more than fifteen years, except as stipulated in Articles 50 and 69 of this Law.
2. According to the provisions of Article 69 of the Criminal Law Amendment (8), if the judgment declares that a person has committed several crimes before, in addition to the death penalty and life imprisonment, among several prison terms, the execution period shall be decided as appropriate below the total sentence and above the maximum sentence.
However, public surveillance shall not exceed three years, criminal detention shall not exceed one year, fixed-term imprisonment shall not exceed 20 years, and fixed-term imprisonment shall not exceed 25 years.
3. "If several crimes are combined, the additional punishment shall still be executed. Among them, the types of additional punishments are the same, and they are combined and executed separately. "
4. In addition, according to Article 7 1 of the Criminal Law, if a criminal commits a new crime while serving his sentence, the penalty that should be executed should be determined according to the penalty that has not been completed for the previous crime, and the actually executed sentence may exceed 15 years or even reach 25 years.
Secondly, according to your account, let's calculate: suppose theft is 15 years, robbery is a new crime for 7 years, and it will take 3 years to execute.
(1) First commutation: The criminal was sentenced to 15 years in first instance for theft, and has been executed for 3 years, with the remaining sentence of 12 years. At this time, when robbery is carried out again and sentencing is carried out again, this remaining sentence will serve as a new starting point for sentencing theft. At this time, the maximum sentence for combined punishment of several crimes is 12 years, not 15 years.
(2) After merger: At this time, the total sentence is 19 (12+7), so the sentencing range is between 12 and 19. Suppose it is decided to execute the sentence of 17 years, and the three-year sentence that has been executed at this time is not counted. At this time, the sentence will still be executed, which is 17 years. At this time, the actual sentence executed by criminals is 3 years plus 17 years, which is 20 years.
Extended data:
Criminal law is a law that stipulates crime, criminal responsibility and punishment. In order to safeguard its political rule and economic interests of all classes, the ruling class stipulates what acts are crimes, what criminal responsibilities should be borne and what criminal penalties should be given to criminal suspects according to its own will.
Criminal law can be divided into broad sense and narrow sense. The criminal law in a broad sense is the general name of all criminal legal norms, while the criminal law in a narrow sense only refers to the criminal code, that is, China's People's Republic of China (PRC) Criminal Law. Associated with broad criminal law and narrow criminal law, criminal law can also be divided into general criminal law and special criminal law.
Ordinary criminal law refers to the criminal law with universal use effect, in fact, it refers to the criminal code. Special criminal law refers to the criminal law that only applies to a specific person, a specific time, a specific place and a specific event (crime). In China, it is also called single criminal law and subsidiary criminal law.
2065438+On August 29th, 2005, the 16th session of the 12th the National People's Congress Standing Committee (NPCSC) voted to pass the amendment to the Criminal Law (IX). The revised criminal law came into effect on 20 15 1 1. This is also the ninth amendment to the criminal law after the comprehensive revision of the criminal law of 1997.
Criminal law is a law that stipulates crime, criminal responsibility and punishment. Specifically, it is also a law that stipulates which acts are crimes, should bear criminal responsibility, and give criminal suspects criminal punishment. Criminal law can be divided into broad sense and narrow sense. Criminal law in a broad sense refers to the sum of all legal norms that stipulate crime, criminal responsibility and punishment.
The criminal law in a broad sense not only refers to the criminal code, but also includes decisions or supplementary provisions to amend and supplement some contents of the criminal code, such as the Decision on Punishing Crimes of Foreign Exchange Fraud, Foreign Exchange Evasion and Illegal Trading adopted by the National People's Congress Standing Committee (NPCSC) on February 29th1998;
It also includes criminal liability clauses in non-criminal law. For example,1Chapter 11 of People's Republic of China (PRC) Securities Law passed by the National People's Congress Standing Committee (NPCSC) on February 29th, 1998 stipulates that "if a crime is constituted, criminal responsibility shall be investigated according to law".
In addition, there are provisions that "the staff of securities supervision and administration institutions engaged in insider trading shall be severely punished" and "those who obstruct the securities supervision and administration institutions from exercising their supervision and inspection functions according to law by violence or threats shall be investigated for criminal responsibility according to law".
Theoretically, the decision to make partial amendments or supplementary provisions to the criminal code is called a single criminal law; The criminal responsibility clause in non-criminal law is theoretically called subsidiary criminal law.
Therefore, generalized criminal law consists of criminal code, independent criminal law and subsidiary criminal law. The narrow criminal law only refers to the criminal code that systematically stipulates crime, criminal responsibility and punishment. In China, it refers to the Criminal Law of People's Republic of China (PRC) adopted by the Second Session of the Fifth National People's Congress in July 2007 1979 and revised by the Fifth Session of the Eighth National People's Congress in March 2007 1997.
References:
Baidu encyclopedia-criminal law