What are the regulations on special surrender?

1、 Special Provisions on voluntary surrender What is it?

The People's Republic of China criminal law 》Paragraph 2 of article 67 provides that: Suspect If the defendant or the criminal serving his sentence truthfully confesses his other crimes that the judicial organ has not yet mastered surrender oneself On. This provision broadens the conditions for the establishment of voluntary surrender and expands the scope of application of voluntary surrender, which is a supplement and improvement to the system of voluntary surrender. Compared with the two constitutive requirements of voluntary surrender and truthful confession of one's own crime, the establishment condition of the theory of voluntary surrender only requires truthful confession of one's other crimes that the judicial organ has not yet mastered.

Due to the limited personal freedom of criminals, it is impossible for them to voluntarily surrender, but they can truthfully state their other crimes that the judicial authorities have not yet mastered, which indicates that criminals have initiative in the confession of other crimes. Because the initiative of this confession is somewhat similar to the initiative of surrender, it has become the theoretical basis for the establishment of the theory of voluntary surrender in legislation. The following will be combined with the report of the Supreme People's Court on handling voluntary surrender and render meritorious service The specific application of the relevant provisions in the Interpretation of Several Issues of Law (hereinafter referred to as the Interpretation) and some problems encountered in judicial practice, centering on the elements of the establishment of the theory of voluntary surrender, briefly discusses the understanding and application of the theory of voluntary surrender, and puts forward certain opinions and suggestions.

II special voluntary surrender What are the main scope of

According to the provisions of the Criminal Law and the Interpretation, the subject scope of the theory of voluntary surrender refers to the criminal suspects, defendants and criminals serving sentences who have been subjected to coercive measures. Specific cause criminal offence And the person whose personal freedom is restricted by coercive measures or punishment. Compulsory measures refer to arrest 、 criminal custody 、 supervision of residence 、 Obtaining a guarantor pending trial and bench warrant service 。 At the same time, for those who are subject to Subpoena If a criminal suspect or defendant truthfully confesses his other crimes that the judicial organ has not yet mastered, it also conforms to the subject scope of the theory of voluntary surrender. The term "serving a sentence" means that the judgment of the people's court has taken legal effect and is being executed against criminals Reprieve of death , life imprisonment fixed-term imprisonment 、 criminal detention 、 control 。 Declaration of being sentenced to criminal detention or fixed-term imprisonment probation and parole 、 Execution outside prison The criminals of Probation period If he truthfully confesses his other crimes that the judicial organ has not yet mastered during the period of parole or execution outside prison, it also conforms to the subject scope of the theory of voluntary surrender.

3、 How to identify voluntary surrender

As we all know, voluntary surrender is a circumstance of lighter punishment stipulated by law, but the common people think that voluntary surrender is only a typical voluntary surrender, that is, before the public security organ catches the criminal, the criminal voluntarily goes to the public security organ to plead guilty and be punished. However, voluntary surrender is not limited to this situation. Some circumstances that can constitute voluntary surrender according to law are often ignored.

Provisions on voluntary surrender in the Criminal Law

Article 67 of the Criminal Law stipulates that a person who voluntarily surrenders after committing a crime and truthfully confesses his crime or punishment is a voluntary surrender. Criminals who voluntarily surrender may be given a lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment.

If a criminal suspect, defendant or criminal serving a sentence who has been subjected to compulsory measures truthfully confesses his other crimes that the judicial organ has not yet mastered, he shall be deemed to have surrendered himself.

A criminal suspect who does not have the circumstances of voluntary surrender specified in the preceding two paragraphs but truthfully confesses his crime may be given a lighter punishment; If he truthfully confesses his crime and avoids particularly serious consequences, he may be given a mitigated punishment.

Our laws statute It is to crack down on criminal acts in our country, but our laws also protect the rights and interests of criminal suspects, such as surrender and the right to defense. At this time, we should pay attention to relevant criminal action Procedures.