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【裁判要旨】对前判决遗漏的附加刑并罚,在行为人又犯罪时,法院可以直接将新罪所判处的刑罚和前罪没有执行完毕的附加刑,按照数罪并罚原则决定执行的刑罚,而无需经前判法院提起审判监督程序纠正判决遗漏附加刑并罚问题后再进行并罚。
The purpose of the referee: If the perpetrator commits the crime again, the court may directly decide the sentence imposed by the new crime and the additional penalty for which the former crime did not be executed according to the principle of joint punishment of several crimes, Without having to be sentenced by the court before the trial to supervise the trial to correct the judgment omission of additional penalties and then punish.