"Discovering Omissions"in the Probation Revocation System Interpretation of Legal Doctrine
There have been many controversies in the field of criminal law in China regarding the provisions of Article 77 of the Criminal Law,such as whether crimes discovered before and after the probation period can be classified as discovered omissions,as well as how to identify the subject of discovery.In academia,there are two main views on the discovery of omissions:the earliest discovery theory and the court theory.Some courts have found misunderstandings related to the misinterpretation of legal provisions and the mechanical application of systematic interpretations.The earliest discovery is the inevitable conclusion of semantic interpretation and systematic interpretation,and it is also a requirement for implementing the purpose of criminal law.There are two main theories in the field of criminal law in China regarding the discovery time of omitted crimes:the theory of'not discovering time'and the theory of'discovering time is necessary'.The'not discovering time'doctrine violates the basic principles of criminal law and provides incorrect interpretations.In contrast,the'discovering time is necessary'doctrine aligns with China's legal provisions,resonates with the spirit of China's criminal law,and is an inevitable requirement for procedural justice.
discovering omissionsrevocation of probationpunish multiple crimes togetherprobationary probation period
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