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继续犯是刑法理论分类中的一类,该类犯罪往往需要犯罪行为持续一段时间,如挪用公款(资金)罪中所挪用的款资归个人使用的,就作出了“三个月”的时间限制,即需要符合“挪用三个月未还”的才能构成该罪。我们对于“三个月”不难理解,但在司法实践中如何计算却产生了较多分歧意见,导致各地执法上的不统一。在此,本文结合理论与实践对“三个月”的起算点、后限点发表了相关见解。
The continuation of criminal law is a category of theoretical classification, such crimes often require criminal behavior for a period of time, such as misappropriation of public funds (funds) in the crime of misappropriation of funds used by individuals to make a “three months” The time limit, that is, the need to comply with “misappropriation of three months did not return ” in order to constitute the crime. It is not hard for us to understand “three months”, but how to calculate it in judicial practice has led to many disagreements that have led to inconsistencies in law enforcement across the country. Here, this article combines the theory and practice of “three months ” starting point, after the limit point published relevant views.