摘要:Due to the complexity of regulations on criminal law, one single action could breach directly two or more criminal acts.In such cases, the principle of lex specialis derogat legi generali must be implemented, as stipulated in article 63 (2) of the Criminal Code.This principle required the two acts should regulate the same object or action, otherwise it could not be implemented although the offender seem has breached two acts arised from a single action.In this time being the implementation of this principle often rised an unsatisfaction due to its inconsistency that has rised disparity of sentencing.The different perception of the law enforcement officers on the meaning of particularly criminal law, the cases in which the principle should be implemented, and the model of charging that should be used, are several causes of the inconcistency implementation.
其他摘要:Abstract Due to the complexity of regulations on criminal law, one single action could breach directly two or more criminal acts. In such cases, the principle of lex specialis derogat legi generali must be implemented, as stipulated in article 63 (2) of the Criminal Code. This principle required the two acts should regulate the same object or action, otherwise it could not be implemented although the offender seem has breached two acts arised from a single action. In this time being the implementation of this principle often rised an unsatisfaction due to its inconsistency that has rised disparity of sentencing. The different perception of the law enforcement officers on the meaning of particularly criminal law, the cases in which the principle should be implemented, and the model of charging that should be used, are several causes of the inconcistency implementation.
关键词:Asas Lex Specialis Derogat Legi Generali; Hukum Pidana Khusus; dan persepsi penegak hukum.
其他关键词:Lex Specialis Derogat Legi Generali; particular criminal law; and perception of law enforcement officer