For example, the definition of "above, below and within" in Article 99 of the Criminal Law. ?

Article 118 of the Law on Public Security Administration Punishment The term "above, below and within" as mentioned in this Law includes this number. ?

Article 265 The terms "above", "below" and "within" mentioned in these Provisions include the number or the corresponding level. ?

Provisions of Public Security Organs on Handling Injury Cases Article 46 The above and below mentioned in these Provisions include this number. ?

General principles of the Civil Law Article 205 The terms "above", "below", "within" and "expiration" mentioned in the Civil Law include this number; The so-called "dissatisfaction", "exceeding" and "surpassing" do not include this number. ?

Extended data:

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Can "above, below" include this number when the combined punishment is restricted?

Defendant Huang was sentenced to seven years in prison for robbery, six months for theft and seven years and six months for several crimes. ?

At the second trial, there was no dispute about the facts, evidence, nature and sentencing of the case, but there were differences on whether the total sentence of the two crimes could be used as the execution sentence. The main question is whether the words "above and below" in Article 69 of the Criminal Law "below the total penalty, above the maximum penalty in the combined punishment of several crimes, and executed as appropriate" include the original number of the maximum penalty and the total penalty in the combined punishment of several crimes. ?

Most people think that this figure should be included. "Above and below" should include this number when limiting the combined punishment, and the total sentence executed after the combined punishment can be the maximum sentence or the total sentence. ?

First, combined punishment for several crimes is also a sentencing process. The principle of legally prescribed punishment for a specified crime requires that the social harmfulness of crime and sentencing circumstances should be considered comprehensively when sentencing. ?

Second, we should correctly limit the legislative spirit of the aggravated principle. The basic spirit of "restriction" of the principle of aggravating restriction in Article 99 of the Criminal Law is to prevent the upper limit from being broken, and it is stipulated that the penalty decided to be executed cannot exceed the legal maximum limit of a certain penalty. ?

Third, the meaning of the law is clear, and it is not appropriate to interpret the law at will. To explore the method of legislative intent, we must first apply the provisions that can play a guiding role. ?

To sum up, in the principle of aggravating restrictions, "above and below" includes this number. In judicial practice, whether it is the total punishment or the highest punishment among several punishments, it can be comprehensively executed according to the case. ?

Window of Xishuangbanna Public Security Bureau-Criminal Law

China court network-"above, below" can include this number when limiting the aggravated merger punishment.

China People's Network-Public Security Administration Punishment Law