漏罪,根据《刑法》第七十条之规定~①,即在判决宣告以后,刑罚执行完毕以前,发现被判刑的犯罪分子在判决宣告以前还有其他罪没有判决的情形。在现行刑事法律、法规未对服刑人员漏罪案件办案期限作出明确规定的前提下,办理服刑人员漏罪案件,需要进行异地羁押的,出于充分保障人权和维护服刑人员合法权利的需要,实务中应当将异地羁押期间赋予刑罚执行期间的性质,计算入服刑人员刑罚执行期限,并适用减刑、假释等规定。 According to the provisions of Article 70 of the Criminal Law, that is, before the execution of the sentence after the declaration of the sentence was completed, it was found that there was no other conviction for the sentenced criminal before the verdict was pronounced. Under the premise of the current criminal law and regulations failing to clearly stipulate the handling deadlines for serving prisoners, it is necessary to handle cases of missing persons in prison for the purpose of safeguarding human rights and safeguarding the legitimate rights of prisoners. In the period of detention should be given to the nature of the period of execution of the sentence, calculated into the prisoner’s sentence of execution, and apply commutation, parole and other provisions.