来源：http://www.lwzhongtebao.com/ 点击次数： 发布时间：2018-06-21
The identification of automatic surrender can be examined from two aspects: one is time; the two is mode and motivation.
The time of automatic surrender can be either a criminal fact or a criminal fact. The key is that the crime must be automatically committed. The voluntary surrender of criminals shows that they are guilty of repentance and are willing to be punished. From the judicial practice, it is too narrow to restrict the time of surrender, which is not conducive to disintegration of crime and the way for criminals to surrender themselves.
1. the way and motivation to surrender. The criminals surrender voluntarily for the sake of sincere repentance. Although the criminals have good faith in the case, they entrust others to surrender because of the failure to commit a case. As for the public security organs, the crowd siege, the way out, the case on the spot, and the submission of the judicial organs and the coercive measures are not automatically invested.
2, criminals must honestly confess their crimes. This is the essential feature of surrender. The confession of a criminal must be a criminal fact that he has committed himself to bear criminal responsibility. When the criminals in a joint crime case surrender themselves, they not only require the confession of their own criminal facts, but also the common crimes that are known, if the principal offender must expose the crime of the same case. Otherwise, it does not constitute a surrender. If the offender confesses to others' crimes, he is whistle blowing, not surrender. If a criminal is guilty of a number of crimes, he only confesses a crime at the time of committing a crime. If one of the crimes in a number of crimes has been found, the offender will confess other crimes that have not been found by the judiciary in the process of investigation, prosecution, trial or judgment, and some of the crimes they have been treated can be regarded as voluntary surrender. If a criminal confesses only minor offences, conceals major crimes, or conceals his true crimes in false situations, he shall not be deemed to surrender himself.
3, criminals are willing to accept state censorship and prosecution. It is one of the most important manifestations of a criminal's repentance to take the initiative to wait for the investigation, prosecution and trial activities of the judiciary. If it is after the case, it will escape the coercive measures taken by the judiciary, or give the crime in a telecommunication way only, or send the stolen goods to the gate of the judiciary and refuse to make a clear identity; these are obviously unwilling to accept the sanctions of the state, and can not be regarded as a general expression of repentance. . If a criminal is actively committed to a crime, it is allowed to appeal, or to correct and supplement certain facts, to justify his own crimes, or to correct and supplement certain facts, and can not be regarded as unacceptable for review and prosecution.
To sum up, in line with the above conditions, we can be identified as a voluntary surrender, must have the same, and must be indispensable. Only in this way, self surrender is complete and systematic.