On The Afterwards Act Of Impunity

The Afterwards act of impunity, by its impunity with the existence of the special relationship between the Criminal Code and are not subject to the negative evaluation. This can not be impunity of the subsequent conduct with the same impunity in the conduct of the Criminal Code of other acts have distinct differences. However, the Chinese mainland scholars on the Criminal Law after an act of impunity and the theoretical study of rare, foreign and Chinese scholars in Taiwan Penal Code is quite disputes on this issue.In fact, the causes of disputes due to the premise of different theoretical thinking, not after the impunity of the concept and not based on the controversial issue of impunity that comes from this. Whether its controversial concept of the status quo or the macro-level analysis of microscopic analysis, we have come to the conclusion after all should be defined as an act of impunity in the state of committing, acts of the previous violations of the law within the scope of benefits and the use of act. Compared to absorb committed theory, for committing theory, theory and the legal elements of a competing theory to explain the existence of the problem above their shortcomings and deficiencies, looking forward to the possibility of a scientific theory can be interpreted later impunity conduct is not the cause of impunity, Modesty and the demonstrated, humane criminal law more in line with the quality of impunity must not act after the legislative plan. Not with impunity after the state committed acts of completion, the composition of elements of the form, method and the main benefits of the identity of the four conditions that constitute an identity, and thus it can not only be fined beforehand, accompanied by acts, as well as Implicated Offender common crime in the special circumstances of some distinction, in the area of legislation can also help clear property offences, counterfeit currency charges of crimes with the follow-up of relations, or even committed to the achievement of the theory of absorption Reconstruction, thereby contributing to our country criminal law theory and other theories of the crime in the further improvement of the practice also have a certain significance.