发现漏罪之并罚方法探微

Inquiry on the Methods of the Co-fine of the Finding of the Leakage of the Guilty

发现漏罪的并罚问题,我国刑法第 70条以及相关司法解释作了具体规定,但也存在着大量的漏洞,给刑事司法实践带来了困惑,影响法院判决的统一性、严肃性和权威性,这些问题总体说来还是属于对法律条文的理解和运用问题。对它进行深入的探讨,对司法实践具有指导作用。

For the co-fine problems of the finding of the leakage of the guilty, there're some specified regulations from article70 of the Criminal Law of our country and relevant judicial interpretations, but they're also many loopholes. It brings ambiguous to the criminal judicial practice and influent the unity, serious and authoritativeness of judgments. Generally these issues also belong to the understanding and application of the legal clause. To discuss this topic deeply will give guidance functions to the judicial practice.