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想象競合

From Wiktionary, the free dictionary

Chinese

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to imagine; to picture; to envision concurrence; to coopete
trad. (想象競合) 想象 競合
simp. (想象竞合) 想象 竞合
alternative forms 想像競合想像竞合
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Pronunciation

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Noun

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想象競合

Examples

A, acting on the instructions of a terrorist organization, intentionally set off a bomb in a building, which sets it on fire, killed and injured several people. If such conducts were separate actions, A would have been liable to terrorist activity, causing an explosion endangering public safety, arson, murder/intentional homicide and causing grievous bodily harm. Under such principle, the prosecution will charge A for either murder, terrorist activity or causing explosion (typically the most serious offences), while sparing the rest of the possible charges.

Note that such principle are typically not followed in common law jurisdictions where the totality principle was used, so A could be prosecuted and convicted for all of the previous offences in such jurisdictions, but the sentencing judge will pass several concurrent sentences to reflect A's culpability and to ensure a just and appropriate sentence (suppose A was not sentenced to some mandatory life imprisonment).

  1. (civil law jurisdictions, criminal law) ideal concurrence; the situation when a defendant's conduct results in different crimes violating different legal interests (法益 (fǎyì)). Typically the defendant will be convicted and sentenced for the most serious crime.