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我国刑法第69条规定:“有期徒刑总和刑期不满三十五年的,最高不能超过二十年,总和刑期在三十五年以上的,最高不能超过二十五年。”这是我国刑法对数罪并罚中限制加重原则的规定,体现了罪责刑相适应的的原则,更加具有可操作性,但是这也会产生另一个问题,在对发现漏罪案件进行判罚时,可能会因为之前已判数罪的量刑而导致计算出的总和刑期不过三十五年,从而导致最后实际量刑较轻的结果,这也偏离的罪责刑相适应的原则与初衷,因此,为了解决这个问题,我们有必要进一步理解此法条,避免出现这种情况。
Article 69 of China’s Criminal Law provides that: “If the sum of the term of imprisonment and the term of imprisonment is not more than 35 years, the highest shall not exceed 20 years, and the maximum term of imprisonment shall not exceed 25 years.” This is China’s The principle of the principle of aggravating the restriction of multiple crimes in the punishment of multiple crimes in the criminal law embodies the principle that crimes and punishments are compatible with each other and is more operable. However, this also creates another problem. When punishing a case of missing crimes, Because the previous sentence has been sentenced to several sentencing resulting in the sum of the sentence of imprisonment for thirty-five years, resulting in the final actual sentencing lighter results, which also deviate from the principle of crime and punishment to adapt to the principle and therefore, in order to solve this problem , We need to further understand this law, to avoid this situation.