| 英文摘要 |
This article argues that“Idealkonkurrenz”in Article 55 is essentially an“echte Konkurrenz”. That is, all offenses proved are legally established. Based on this interpretation, Article 55 is meant to delineate the sentencing framework (maximum and minimum punishment) for the court. The court shall thus find the most severe combination of legal effects of all established offenses, instead of being constrained by the legal effect of one single proved offense. Specifically speaking, when the court applies Article 55, it shall go through two stages of sentencing. At the first stage, the court shall calculate the most severe combination of punishment of all offenses established. At the second stage, the court shall select the maximum and minimum of the same type of penalty. The maximum and minimum of the same type of penalty are usually, but not necessarily, derived from the same statute. However, if the less severe offense provides for accessory punishment, such as fine, confiscation, security measures, and compulsory medical treatments, the court could still include accessory punishments in its final sentence. |
