| To clarify the issue of implicated offense, it is necessary to distinguish between the normative conception of implicated offense and the factual phenomenon of implicated offense. Since the phenomenon of implicated offense is an objective existence that cannot be denied, the focus should be shifted from the dispute over the retention or abolition of implicated offense to how to define the theoretical types of implicated relationship, and the typological analysis of the phenomenon of implicated offense is one of the important attempts to solve the problem. Through the empirical analysis, this article finds that the only crimes with typological characteristics in the Criminal Law are bribery and malfeasance. However, they are restricted by the stipulations on “aggravated bribery” in the Criminal Law and the provisions on “combined punishments of several crimes” in judicial interpretations, which results in their limited application. Judicial interpretations provide a wealth of samples to analyze implicated offenses. This article reviews these samples and divides them into three types, that is, crimes that infringe the same legal interests, crimes that have inevitable correlations, and crimes that have high-adjoint relationships. The first two types have a strong basis for imposing punishment for the most serious of imaginative joinder of offenses because they infringe upon the same legal interests or have (quasi) imaginative concurrence characteristics. For most of the crimes with high-adjoint relationship, which have the highest percentage among the three types of samples, the basic position of objective and typed implicated relations is also adhered to. |
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