There are too many provisions on one crime and several crimes in the criminal law. It's troublesome for good people to sort it out, as long as one is enough. thank you

1. One crime of absorption

Article 239 Kidnapping and absorbing murder and injury.

Article 24th The crime of abducting and selling women and children includes forced prostitution and rape.

Article 263 Crime of robbery, absorption and homicide.

article 318 organizes others to cross the country (border) illegally to absorb restrictions on freedom, violence and threats to resist inspection.

Article 321 Whoever transports others across the country (border) illegally absorbs violence or threatens to resist inspection.

Article 347 Smuggling, trafficking, transporting and manufacturing drugs absorb armed cover and resist inspection, detention and arrest by violence.

Article 358 Organizing prostitution absorbs forced prostitution, rape, inducement, shelter and introduction of prostitution.

second, one of the crimes of transformation

Article 238 Whoever illegally detains and uses violence to cause disability or death shall be convicted of intentional injury and intentional homicide.

Article 242 The crime of gathering people to obstruct the rescue of women and children who have been bought is only applicable to ringleaders, and other participants are charged with obstruction of official duties.

Obstructing the rescue of bribed women and children by violence or threats (not gathering people) is guilty of obstructing official duties.

Article 241 Whoever buys and sells abducted women and children shall be convicted of abducting and selling women and children.

Article 247 Whoever extorts a confession by torture or obtains evidence by violence, causing death or injury, shall be convicted of intentional injury and intentional homicide, and shall be given a heavier punishment.

Article 248 Whoever maltreats a prisoner and causes death and injury shall be convicted of intentional injury and intentional homicide, and shall be given a heavier punishment.

article 267. robbing and carrying a murder weapon is defined as robbery.

Article 269 Whoever steals, swindles and robs, or uses violence or threatens violence on the spot to hide stolen goods, resist arrest or destroy criminal evidence, shall be convicted of robbery.

article 273 anyone who misappropriates funds and materials for disaster relief, emergency rescue and flood control, special care and poverty alleviation, and immigrant relief for personal use shall be deemed to misappropriate public funds and be given a heavier punishment.

Article 292 Whoever gathers people to fight and causes serious injury or death shall be convicted of intentional injury and intentional homicide.

Article 333 Whoever illegally organizes others to sell blood and causes harm to others shall be convicted of intentional injury.

Article 355 Whoever provides addictive narcotic drugs and psychotropic drugs to criminals who smuggle or sell drugs or to people who take or inject drugs for profit shall be convicted of smuggling, trafficking, transporting or manufacturing drugs.

embezzlement, absconding, or refusal to return a large amount of public funds, shall be convicted of corruption.

iii. One of the statutory crimes

Article 229 It is not bribery to provide false documents, ask for or illegally accept other people's property.

Article 196 Whoever steals a credit card and uses it shall be convicted of theft.

Article 253 Whoever steals property by opening, hiding or destroying mail or telegrams without permission shall be convicted of theft and given a heavier punishment.

Article 289 Whoever gathers people to "smash, smash and rob" and causes disability or death shall be convicted of intentional injury and intentional homicide.

whoever destroys or takes away public or private property shall be convicted of robbery in addition to ordering restitution.

article 171 whoever forges money and sells or transports the forged money shall be convicted of counterfeiting money and given a heavier punishment.

if you use counterfeit money after buying it, you will be convicted of buying counterfeit money and given a heavier punishment.

fraudulent purchase of foreign exchange for smuggling, forgery of official documents for fraudulent purchase of foreign exchange, shall be punished as smuggling, and those who fail to smuggle shall be punished as fraudulent purchase of foreign exchange.

whoever forges or alters customs declarations, import certificates, approval documents of foreign exchange administration departments and other vouchers and documents, and uses them to fraudulently purchase foreign exchange, shall be convicted of the crime of fraudulently purchasing foreign exchange and be given a heavier punishment.

4. Choose a heavier punishment (choose a felony instead of a heavier punishment)

If the crime of producing and selling fake and inferior commodities also constitutes other crimes such as infringement of intellectual property rights and illegal business operations, choose a heavier punishment.

if it constitutes a crime in articles 141 to 148, and it also constitutes a crime stipulated in article 14, choose a heavier punishment.

those who set up and use radio stations (stations) without authorization, or occupy frequencies without authorization, illegally operate international telecommunications services or engage in profit-making activities involving telecommunications services in Hong Kong, Macao and Taiwan, and at the same time constitute the crime of illegal operation and the crime of disturbing the order of radio communication management, shall be given a heavier punishment.

article 329th crime of robbing or stealing state-owned archives. Crime of selling or transferring state-owned archives without authorization.

those who commit the first two crimes and constitute other crimes as stipulated in the cost law shall be convicted and punished according to the provisions of heavier punishment.

Article 399 bending the law, who perverts the law and judges, abuses his power in execution and at the same time constitutes the crime of accepting bribes, shall be given a heavier punishment.

article 344 crime of illegal logging and destruction of plants under special state protection article 345 crime of illegal logging and deforestation.

whoever violates the provisions of articles 344 and 345 of the criminal law at the same time shall be convicted and punished according to the provisions of heavier punishment.

whoever buys and sells business license certificates such as import and export (timber) permits and commits the crime of illegal business operation and the crime of forging, altering or buying and selling official documents and certificates of state organs at the same time shall be convicted and punished according to the provisions of heavier punishment.

those who illegally collect seeds, gather fat, dig bamboo shoots, dig roots, peel bark, etc., and reap a large amount of economic benefits, shall be convicted and punished for theft. If it constitutes other crimes at the same time, it shall be convicted and punished in accordance with the provisions of heavier punishment.

if a functionary of a state organ accepts bribes or abuses his power, and has conspired with the person to be executed, the guarantor or the obligor to assist in execution, and uses his power to obstruct execution, so that the judgment or ruling cannot be executed and at the same time constitutes the crime of accepting bribes and abusing his power, he shall be given a heavier punishment.

The cult propaganda materials produced and disseminated contain contents such as inciting secession, undermining national unity, inciting subversion of state power, overthrowing the socialist system, insulting and slandering others, seriously endangering social order and national interests, or undermining the implementation of national laws and administrative regulations. If his behavior violates the provisions of Article 13, paragraph 2 (the crime of inciting secession), Article 15, paragraph 2 (the crime of inciting subversion of state power), Article 246 (the crime of insulting and libeling) and Article 3, paragraph 1 (the crime of organizing, using church doors, cult organizations and using superstition to undermine law enforcement) of the Criminal Law, he shall be convicted and punished according to the provisions with heavier punishment.

if a member of a cult organization obstructs a functionary of a state organ from performing his duties according to law by violence or threats, he shall be convicted and punished for the crime of obstructing official duties. If his behavior violates other provisions of the criminal law at the same time, he shall be convicted and punished in accordance with the provisions of heavier punishment.

if the defendant's behavior constitutes not only the crime of producing and selling fake and inferior products, but also the crime of producing and selling counterfeit drugs or the crime of producing and selling food that does not meet the hygiene standards, or other crimes such as infringement of intellectual property rights and illegal business operations, he shall be convicted and punished according to the provisions of the second paragraph of Article 149 of the Criminal Law and Article 1 of the Interpretation. Interpretation of Article 1: Whoever commits the crime of producing and selling fake and inferior commodities, and at the same time constitutes other crimes such as infringement of intellectual property rights and illegal business operations, shall be convicted and punished in accordance with the provisions of heavier punishment.

those who engage in pyramid selling or pyramid selling in disguised form and disrupt market order, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation. Those who commit such crimes and constitute other crimes stipulated in the Criminal Law shall be convicted and punished in accordance with the provisions of heavier punishment.

those who use dangerous methods such as explosion, poisoning, and setting up power grids to destroy wildlife resources constitute the crime of illegal hunting and killing precious and endangered wildlife or the crime of illegal hunting, and at the same time constitute the crime stipulated in Article 114 or Article 115 of the Criminal Law (endangering public security), shall be convicted and punished in accordance with the provisions of heavier punishment.

if forging, altering, buying or selling official documents and certificates such as wildlife import and export permit certificate, special hunting and catching license, hunting license, domestication and breeding license issued by state organs constitutes a crime, they shall be convicted and punished for forging, altering, buying or selling official documents and certificates of state organs in accordance with the provisions of the first paragraph of Article 28 of the Criminal Law.

if the above-mentioned acts constitute a crime, and at the same time constitute the crime of illegal business operation as stipulated in item 2 of Article 225 of the Criminal Law, they shall be convicted and punished according to the provisions of heavier punishment.

if a criminal act of destroying precious cultural relics and places of interest violates other crimes at the same time, criminal responsibility should be severely investigated according to the felony.

Whoever commits theft and damages public or private property shall be given a heavier punishment for theft; If it constitutes another crime, choose a felony and be given a heavier punishment.

V. Combined punishment for several crimes

Article 12 Whoever organizes, leads and actively participates in terrorist activities and commits other crimes shall be punished for several crimes.

Article 294 Whoever organizes, leads and actively participates in an organization of a triad nature commits other crimes shall be punished for several crimes.

Articles 14 to 148 commit the crime of producing and selling fake and inferior commodities, and those who threaten to resist inspection by violence shall be punished for several crimes.

Article 157 Whoever resists anti-smuggling by violence or threats shall be punished for smuggling and obstruction of official duties.

Article 171 Whoever sells or transports counterfeit currency and uses it at the same time shall be punished with the crime of selling and transporting and the crime of using several counterfeit currencies.

Article 24 A taxpayer who defrauds the paid tax after paying the tax shall be convicted of tax evasion;

if the amount of tax defrauded exceeds the amount of tax paid, the crime of defrauding export tax refund shall be determined, and the punishment shall be combined with several crimes of tax evasion.

Article 241 Whoever buys a trafficked woman and forcibly has sexual relations with her shall be convicted of rape.

whoever buys abducted women and children, illegally deprives them of or restricts their personal freedom, or commits crimes such as injury or insult, shall be convicted and punished in accordance with the relevant provisions of this law.

whoever buys abducted women and children and commits the criminal acts specified in the preceding two paragraphs shall be punished for several crimes.

article 244 if the crime of employing child labor causes an accident and constitutes other crimes, he shall be punished for several crimes.

Article 198 Insurance fraud, and intentional property loss, intentional homicide or injury or illness shall be punished for several crimes.

Article 318 Whoever organizes others to sneak across the country (border) and commits crimes such as killing, injuring, raping, abducting and selling the organized person, or killing or injuring the inspectors, shall be punished for several crimes.

Whoever steals a motor vehicle for the purpose of committing other crimes shall be punished for theft and other crimes;

if a traffic accident occurred in the process of driving a motor vehicle illegally, which constitutes a crime and other crimes, it shall be punished with the crime of traffic accident and other crimes.

if, after theft, public or private property is intentionally destroyed to cover up theft or revenge, which constitutes a crime, it shall be punished with theft and other crimes.

if soliciting or accepting bribes for misappropriation of public funds constitutes a crime, he shall be punished for several crimes.

if embezzlement of public funds for illegal activities constitutes other crimes, he shall be punished for several crimes.

if the perpetrator intentionally kills someone to keep his mouth shut after committing robbery, he shall be punished for robbery and intentional homicide.

※ Combined punishment for several other crimes

Article 341 commits the crime of illegally hunting and killing precious and endangered wild animals; Or the crime of illegally purchasing, transporting or selling rare and endangered wild animals and their products under special state protection; Or the crime of illegal hunting, but also by violence or threats to resist investigation, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.

if a variety of "hooliganism" acts stipulated in the original criminal law constitute a crime, they should be dealt with according to the principle of combined punishment for several crimes.

if the gang members are relatively fixed, dominate one side by violence or threats, oppress the people, and openly confront the government by collecting "protection fees", forcibly collecting debts on behalf of others, and forcibly contracting in violation of regulations, they should be treated as organized crimes according to the nature of the underworld; Among them, if there are criminal acts such as intentional homicide and intentional injury, they shall be punished according to the provisions of combined punishment for several crimes.

whoever commits copyright infringement in Article 217 and sells the infringing copy, and the amount of illegal income is huge, shall only be convicted of copyright infringement and shall not be punished for several crimes.

whoever commits the crime of infringing copyright in Article 217 and knowingly sells it as an infringing copy of others, which constitutes a crime, shall be punished for several crimes.

VI. Aggravated Consequential Offense

Aggravated Consequential Offense is usually determined according to the specific provisions, that is, it is legal.

(1) Common crimes with aggravated consequences are:

1. Robbery causes serious injury or death;

2. Rape causes serious injury or death;

3. Kidnapping causes death or kills the kidnapped person;

4. Abuse causes serious injury or death;

5. Violent interference with freedom of marriage causes serious injury or death;

6. Illegally practicing medicine causes serious injury or death;

7. Illegal detention causes serious injury or death,

8. Abducting and selling women and children causes serious injury or death of abducted women and children or their relatives or other serious consequences;

9. The production and sale of counterfeit drugs seriously endanger human health;

1. The consequences of producing and selling inferior drugs are particularly serious;

11. The production and sale of food that does not meet the hygiene standards has caused serious harm to human health;

12. The production and sale of toxic and harmful food causes serious food poisoning accidents or other serious food-borne diseases;

13, arson, explosion, poisoning, damage to vehicles, traffic facilities, damage to power equipment, etc., causing personal injury or heavy property losses;

14. hijacking an aircraft causes serious injury, death or serious damage to the aircraft;

15. hijacking a ship or car, causing serious consequences;

16. Violence endangers flight safety and causes serious consequences;

17. inciting the masses to violently resist the implementation of national laws and regulations, causing serious consequences;

18. Organizing or transporting others to cross the country (border) illegally, resulting in serious injury or death of the organized person;

19. The amount of embezzled public funds is huge and can't be returned objectively;

2. Failing to levy or underpay taxes due to favoritism, causing particularly heavy losses.

21. The perpetrator who intentionally commits a crime may be intentional or negligent in aggravating the result.

(2) Common negligent crimes with aggravated consequences include:

1. Dangerous goods causing accidents with particularly serious consequences

2. Major engineering safety accidents with particularly serious consequences;

3. Death caused by escaping after a traffic accident.

The perpetrator of negligent crime is generally negligent in aggravating the result, but some of them are intentional, such as death caused by escape after a traffic accident. On the surface, the aggravated consequential offense constitutes the crime of injury, murder, destruction of property, etc., but it is legally considered as the result of its basic crime, not as a crime evaluation, but as the consequence of aggravated punishment of the basic crime, and multiple crimes are not punished simultaneously. But only as a statutory circumstance to aggravate a crime. Theoretically, it is considered that the crime of aggravated consequence is a real crime, that is, one act and one crime.