the second is that security measure violates the basic principle of criminal law --the principle of a prescribed punishment for a specified crime and the principle of suiting punishment to crime.
In order to attack activities where the employees and staff infringe the ownership of the enterprises they serve by taking advantage of their duties in the new economic circumstances according to the principle of suiting punishment to crime , and improve the legislation system of Criminal Law, the crime of duty aggressiveness is thus set up in the Criminal Law of P.R.
After discussing the relations between essential offense and aggravated consequential offense as well as those between the basic criminal behavior and aggravated consequence of aggravated consequential offense,the author finds the inner relations of aggravated consequential offense and further analyzes its statutory sentence. The allocation of statutory sentence should follow certain criteria so as to be rational and accord with the principle of suiting punishment to crime and this should also be one of its essential goals.
Based on the existence of this jeopardy besides the purpose of carrying out the principle that punishment fits the crime and preventing the actors committing the crimes with this jeopardy, the lawmaker define these situation of basic crime leading to aggravated consequence as the aggravated consequential offence, and at the same time aggravating the punishment of this crime.
The amount criterion for constituting the conversion crime determines and reflects the extent of harm to the society, which is the dividing point of the conversion in the transition from violating the law to committing a crime.
think the set of translation crime accord with crime and punishment legal principle and crime and punishment meet principle, can solve knotty problem of judicial practice, there is certain value;