实体法意义上“刑事案件”的概念相对于程序法概念具有独特性。刑法与刑事诉讼法对其虽有相同的表述,但含义不同。程序意义上的“刑事案件”概念直接运用于实体判断时会有失偏颇。在罪名涉及到前提罪(原案)时,应不以“受案”、“立案”或“判决”为前提条件,只要根据实体法的规定,原案实质上构罪即可。从量刑角度来说,合理的标准确定有利于准确把握自首、立功行为。 In the sense of substantive law, the concept of “criminal case” is unique from the concept of procedural law. Although both the criminal law and the criminal procedure law make the same expression, their meanings are different. In the procedural sense, the concept of “criminal case” can be biased when applied directly to the entity judgment. When the offense involves the prior conviction (original case), it should not be preconditioned as “receiving the case”, “filing the case” or “judgments”, as long as the original case is substantially guilty of the crime in accordance with the substantive law . From the perspective of sentencing, a reasonable standard is conducive to accurately grasp the surrender, meritorious deeds.