刑法若干条款罪数形态之分析

An Analysis of Quantity of Crime in Certain Articles in the Criminal Act

《刑法》第120条第2款包含牵连犯的情形,实行数罪并罚;第157条的走私罪与妨碍公务罪构成牵连犯,应实行数罪并罚;第171条第3款中伪造货币并出售或者运输的,构成牵连犯,择一重罪从重处罚;伪造货币后使用自己伪造的货币,构成牵连犯,使用假币视为事后不可罚行为;第196条第3款中出于非法占有财物的目的,行窃中得到财物同时意外得到信用卡后使用的,应以盗窃罪和信用卡诈骗罪并罚;第198条第2款属于兼容犯,实行择一重罪从重处罚。

This article details the quantity of crime and the punishments prescribed in articles in the Criminal Act. Article 120 （2） provides subject matters of implicated offenders and provides that combined punishments shall be imposed on them. Article 157 provides that a smuggler involved in interference with public function shall receive combined punishment. Article 171 （3） provides that an implicated offender who counterfeits currency and sells or transports the same shall be severely punished in accordance with the crime whichever is graver. One who uses the currency faked by himself/herself shall be deemed an implicated offender while use of the faked currency is an act after the fact that is not punishable. Article 196（3 ） provides that anyone who, for the purpose of illegally possessing another＇s personal property, commits theft and in the process unexpectedly gets a credit card and uses the same, shall receive combined punishments in accordance with theft and deception with a credit card. Article 198 （2） is concerned with compatible offense and the offender shall be punished in accordance the offense whichever is graver. Article 208 （2） is concerned with complicated crime. Article 229 （2） is also concerned with complicated crime and the offender shall be punished in accordance of aggravation. Article 241 （5） provides that an offender who has no original intent to sell women before the fact but at the time when the crime is committed changes his/her idea and sells abducted women shall receive combined punishments. Article 253 （2） provides that anyone who for the purpose of illegal possession commits a theft by way of opening mail shall be severely punished in accordance with theft ; whereas the person who opens a letter with purposes other than illegal possession and at the time when he/she is processing changes his/her mind to possess another＇ s property illegally shall not be deemed a complicated offender. Article 399 （3） provides that anyone who solicits a bribe or receives a bribe for the purpose of gaining a profit for others and at the same time commits other offences shall be deemed respectively in accordance with the provisions of compatible crimes and complicated crimes.