On Application of Principle of Non Bis in Idem to Continuous Crime

摘要

As an ancient principle of legal proceeding and originated in Roman law, the principle of the non bis in idem has been widely adopted by the two legal system countries and become an international standard for criminal proceedings. The two legal system countries have different standards for the definition of the principle of "the same crime" and "one action". And the application of the principle is also different. The continuous crime is a unique concept of the continental law system which is admitted in the theory of criminal law in China. At the same time, the theory of the criminal law in China also recognizes the crime of successive offenses. However, according to the provisions of the criminal law, it is possible to carry out several crimes together with a conviction for "contingency". There are concurrence and conflict of the penalty method of the continuous crime and the principle of the non bis in idem which should be made as the basic principle of criminal procedure in China. When a certain crime act is regarded and sentenced by the court as a continuous crime according to the provisions of the criminal law, whether during the execution of the penalty or the prosecution period after the execution of the penalty is completed, if the court finds that the crime has missed part of the criminal act, it shall no longer be omitted.