剥夺政治权利的并罚适用问题

数个剥夺政治权利实行并罚时 ,应适用限制加重原则 ,在数个宣告刑期的总和刑期以下 ,最高刑期以上决定应执行的刑期 ,但最高不能超过七年。数主刑中 ,有的附加剥夺政治权利有的未附加时 ,并罚问题的各种既有见解均各有其利弊 ;实际上 ,有期徒刑、拘役执行期间 ,罪犯不应享有政治权利 ,在这一认识基础上 ,剥夺政治权利的并罚问题就可以迎刃而解。另外 ,剥夺政治权利与罚金、没收财产的并罚 ,应适用并科原则实行并罚。

When several depriving political rights decided as merged punishment, the principle of limited additional severity should be applied, with the maximum sentence of seven years, and below the combined several sentences announced and above the single longest sentence to decide the should-implemented one. There are advantages and disadvantages in the understanding of the present merged punishment issues. In fact, the issue can be solved based on the understanding that a sentenced criminal should not enjoy political rights during his or her execution period of arrest or termed sentence. In addition, depriving political rights, fining, and confiscating property should apply the simultaneous penalty principle for merged punishment.