Viewpoint | Assisting in the arrest of accomplices and not being caught on the spot, can meritorious service be recognized?
Published:
2024-07-19
In the defense of criminal cases, meritorious service is a very important sentencing circumstances, the correct identification and handling of meritorious service circumstances, for the realization of the defendant's sentencing substantial reduction, the realization of criminal justice is of great significance.
In the defense of criminal cases, meritorious service is a very important sentencing circumstances, the correct identification and handling of meritorious service circumstances, for the realization of the defendant's sentencing substantial reduction, the realization of criminal justice is of great significance.
Brief of the case
Recently, the author handled a theft case. The indictment alleges that between December 2023 and January 2024, the defendant Li Jia and Wang Yi went to a construction site to steal cables, with a total value of 300000 yuan, and sold the stolen cables to the renewable resources recycling station operated by Su Bing. Su Bing acquired the cable knowing that it was the proceeds of crime.
After Li Jia arrived at the case, he truthfully confessed all the facts of the theft and the place where the stolen goods were sold. Li Jia also led the police handling the case to arrest Su Bing at the place where the stolen goods were sold. As Su Bing was not at the place at that time, he failed to arrest Su Bing successfully. Upon questioning Su Bing's staff, he learned that Su Bing was at another recycling point (the two recycling points were very close), and the police handling Su Bing arrested Su Bing.
Case contention point
Li Jia led the police to arrest Su Bing, whether it belongs to the law to "assist the judicial organs to arrest other criminal suspects (including co-criminals)?
The public prosecutor believed that Su Bing's confession of the receiver and the place where the stolen goods were sold after his arrival was a truthful confession of the facts related to his theft crime and did not belong to the crime of exposing others. He arrested his accomplice Su Bing at the place where the stolen goods were sold under the escort of the police. Because Su Bing was not at the place at that time, the police arrested Su Bing at other places provided by Su Bing's employees. Li Jia's behavior did not constitute meritorious service.
Defenders believe that Li Jia led the police handling the case to Su Bing's acquisition point to arrest Su Bing. Although he did not arrest Su Bing at the acquisition point, on this basis, according to the employee's identification, Li Jia's behavior should constitute meritorious service.
Relevant provisions
1. Article 5 of the Opinions of the Supreme People's Court on Handling Several Specific Issues of Surrender and Meritorious Service refers to the specific determination of "assisting in arresting other criminal suspects": if a criminal commits one of the following acts to enable judicial organs to arrest other criminal suspects, it belongs to "assisting judicial organs in arresting other criminal suspects" stipulated in Article 5 of the Interpretation (1) According to the arrangement of judicial organs, arrange other criminal suspects (including co-criminals) to designated locations by making phone calls, sending messages, etc.;(2) According to the arrangements of the judicial organs, identify and identify other criminal suspects (including co-criminals) on the spot;(3) Lead investigators to capture other criminal suspects (including co-criminals);(4) Provide contact information and addresses of criminal suspects in other cases that the judicial organs have not yet mastered.
2. Article 6 of the "Summary of the Symposium on the Trial of Drug Crime Cases in Some National Courts", "On the issue of meritorious service in drug cases", the basic information of the co-offender in a joint crime, including the name, address, physical characteristics, contact information and other information of the co-offender, Belongs to the scope of the defendant's confession. If the public security organ arrests an accomplice on the basis of the defendant's confession, it shall not be deemed to have performed meritorious service. The defendant did play an assisting role in the process of the public security organ's arrest of the accomplice, for example, the defendant identified and identified the accomplice on the spot; the defendant led the public security personnel to arrest the accomplice; the defendant provided clues that the relevant authorities could not grasp or could not grasp in accordance with the normal working procedures, and the relevant authorities arrested the accomplice accordingly; the defendant explained the contact information with the accomplice, And contact the other party as required, actively assisting the public security organs in arresting accomplices, etc., belongs to assisting the judicial organs in arresting accomplices, and should be recognized as meritorious service.
Guidance Case
"Criminal Trial Reference" Guiding Case No. 1365 Jiang Bin, Yu Zhiling, Chen Hao Insurance Fraud, Fraud Case
Case Point of View:If the criminals who have been brought to justice assist the judicial organs in arresting other criminal suspects (including accomplices), whether they can be determined to have performed meritorious service, the key lies in how to understand whether the perpetrator has assisted in the arrest and whether the act of assistance plays a decisive role in arresting other criminal suspects (including accomplices).
Failure to catch them on the spot does not affect the determination of meritorious service. The relevant judicial interpretations only emphasize that meritorious service requires the actual result of the arrest of other criminal suspects (including co-criminals), and there is no stipulation that leading investigators to arrest other criminal suspects (including co-criminals), and it needs to be arrested on the spot to constitute meritorious service. Therefore, whether or not to be caught on the spot does not of course hinder the determination of meritorious service.
In this case, after the investigators mastered the information, although they did not capture it on the same day, they did not pay any more time and energy to investigate. The role played by the parties in the whole process is basically the same as leading the investigators to capture the accomplice on the spot. There is a causal relationship between the behavior of the parties providing information and the result of capturing the accomplice. It is precisely because of the information provided by the parties that the public security organs can capture the accomplice in time, should be recognized as meritorious.
Dispute Point Conclusion
From the above, it can be seen that the actor assists the judicial organs in arresting other criminal suspects (including accomplices), and whether he can be determined to have performed meritorious service, the key lies in whether the actor has assisted and whether the assisting behavior has played a practical role in arresting other criminal suspects (including accomplices).
Specifically in this case, Li Jia provided an important clue to the recovery point of the accomplice that the public security organ did not grasp, and led the investigators to identify the specific location. His assistance in the arrest had been completed. It happened that Su Bing was not in the acquisition point at that time. According to the introduction of another acquisition point nearby by the employees of the acquisition point, the investigators captured Su Bing accordingly. Li Jia's role in the whole process is basically the same as leading investigators to capture Su Bing on the spot. There is a causal relationship between Li Jia's behavior of providing information and the result of capturing Su Bing, a co-criminal. It is with the help of the information provided by Li Jia and Li Jia's leadership that the public security organs were able to capture Su Bing, a co-criminal, in time. Therefore, Li Jia's behavior should be recognized as meritorious service.
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