The choice principle of felony punishment

Choosing a felony punishment means that in a criminal case, the offender has committed multiple crimes at the same time, and when punishing the offender, he should be punished with a felony according to the law. Under any of the following circumstances, the principle of choosing a felony punishment can be applied: the crime of producing and selling fake and inferior commodities, the crime of impersonating a state functionary to defraud property, the crime of dangerous driving, the crime of producing and selling fake and inferior commodities, the crime of accepting bribes and the crime of seizing.

Choose felony: 1, the crime of producing and selling fake and inferior commodities, which also constitutes the crime of ordinary fake and inferior products (the sales amount reaches more than 50,000 yuan) and the crime of special fake and inferior products. 2. Smuggling wastes without permission to evade taxes. At the same time, it constitutes the crime of smuggling waste and smuggling ordinary goods. 3. Pretending to be a staff member of a state organ to defraud property. 4. The crime of destroying traffic facilities, power equipment, inflammable and explosive equipment and public telecommunication facilities of radio and television. At the same time, it constitutes the imaginative concurrence of theft. 5. Dangerous driving crime, which also constitutes other crimes (such as traffic accident crime). 6. Crime of producing and selling fake and inferior commodities. At the same time, it constitutes crimes such as counterfeiting registered trademarks, counterfeiting patents, copyright infringement, false advertising, illegal business, illegal medical practice, and illegal blood collection and supply. 7. The use of false advertising (which constitutes the crime of false advertising) to promote fake and shoddy goods and implement fraud. 8. The crime of kidnapping and robbery in which the victim's property is robbed on the spot during kidnapping is a felony. 9. Robbery, where the victim falls down due to excessive force, is still a robbery; If it causes serious injury or death, and at the same time constitutes the crime of causing serious injury or death through negligence, the felony shall be chosen.

Legal basis: Article 69 of the Criminal Law of People's Republic of China (PRC): General principle of combined punishment for several crimes. If a person commits several crimes before the judgment is pronounced, the execution period shall be decided as appropriate, except for the death penalty and life imprisonment, but the maximum period of public surveillance shall not exceed three years, criminal detention shall not exceed one year, fixed-term imprisonment shall not exceed 20 years, and the total term of imprisonment shall be 35 years.