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同种数罪,即相同罪名的数罪,是指数个犯罪行为均符合同一基本犯罪构成,但连续犯等特殊罪数形态除外的情况。同种数罪的处罚分三种情况:一是判决生效前一人犯有并被发现同种数罪时的处罚;二是刑罚执行期间发现同种漏罪的处罚;三是刑罚执行期间再犯同种新罪时的处罚。目前,我国刑法学界对刑罚执行期间发现同种漏罪和再犯同种新罪的处罚,较少存在争议,即都主张对这两种情况实行数罪并罚;但对于法院判决生效前一人犯有并被发现同种数罪时应如何处罚,在认识上却
The same type of crime, that is, a number of crimes of the same offense, means that a number of criminal acts are consistent with the same basic crime, but the continuous crime and other special forms of crime except. Punishment of the same type of crime is divided into three situations: First, the sentence before the entry into force and was found guilty of the same number of crimes; the second is the same punishments found during the penalty punishments; third punishable during the execution of the same Penalties for new crimes. At present, there is less controversy about the punishments found during the execution of criminal penalties in our country for the same kind of leakage and the same kind of new crime, that is, both advocate that both crimes should be punished in the two cases. However, And what should be punished when it is found that the same kind of crime should be found?