Point of View | Should an account of a crime other than a crime that does not meet the standard of prosecution constitute surrender?
Published:
2024-10-16
In criminal cases, surrender is a very important sentencing circumstances, the correct identification and handling of surrender circumstances, can achieve a substantial reduction of the defendant's sentencing, has extremely important significance.
Introduction
In criminal cases, surrender is a very important sentencing circumstances, the correct identification and handling of surrender circumstances, can achieve a substantial reduction of the defendant's sentencing, has extremely important significance.
Brief of the case
Wang Moumou was investigated by the discipline inspection and supervision department for suspected bribery of 20000 yuan. In the investigation, Wang Moumou took the initiative to confess the criminal facts of his bribery of 500000 yuan that the discipline inspection and supervision department had not yet grasped. Later, the discipline inspection and supervision department used Wang Moumou as suspected of bribery of 520000 yuan., Transfer to the procuratorate for review and prosecution.
Case contention point
On the basis of the fact that the case-handling organ has already mastered the bribery of 20000 yuan, Wang Moumou took the initiative to confess the criminal fact that the case-handling organ has not yet mastered the bribery of 500000 yuan. Does Wang Moumou constitute surrender?
The prosecutor believes that Wang's behavior does not constitute voluntary surrender.
According to the the People's Republic of China Criminal Law and the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Surrender and Meritorious Work, it is stipulated that "criminal suspects, defendants and sentenced criminals who have been taken compulsory measures truthfully confess what the judicial organs have mastered or The crimes determined by the judgment belong to different kinds of crimes," the criminal suspects, defendants and sentenced criminals who have been taken compulsory measures shall be regarded as surrenders, if a truthful confession of a crime that has not yet been mastered by the judicial organ is of the same kind as the crime that has been mastered by the judicial organ or determined by the judgment, he may be given a lighter punishment as appropriate for the confession; if the truthful confession of the same crime is relatively serious, he shall generally be given a lighter punishment."
In this case, the bribery behavior that Wang Moumou voluntarily confessed is the same crime as the bribery of 20000 yuan that the case-handling agency has already mastered. According to the above provisions, it can be deemed as confession, not surrender.
The defender believes that Wang's behavior should constitute voluntary surrender.
According to the above-mentioned provisions, when the behavior that the case-handling agency has mastered and the behavior that the perpetrator truthfully confessed after being captured independently constitute a crime, and the nature is the same, it should be deemed as confession and not surrender.
After the perpetrator is arrested for committing a general illegal act, he voluntarily confesses the same kind of criminal act that the case-handling agency has not yet mastered, which should be deemed as surrender.
In short, if both before and after constitute a crime and the same nature, it is confession; if the front does not constitute a crime, only the back constitutes a crime, it constitutes surrender.
In this case, the case-handling agency only grasped the fact that Wang Moumou accepted 20000 yuan from others, but it did not reach the starting point of the crime of accepting bribes (30000 yuan), and the criminal facts have not yet been established. The part that he voluntarily confessed constitutes the criminal facts, so The part of the active confession should constitute surrender.
Relevant provisions
Article 67 of the Criminal Code of 1.
A person who voluntarily surrendered after committing a crime and truthfully confessed his or her crime is one who surrendered voluntarily. A criminal who voluntarily surrendered may be given a lighter or mitigated punishment, and those who have committed less serious crimes may be exempted from punishment.
Criminal suspects, defendants and criminals serving sentences who have been taken compulsory measures and who truthfully confess their other crimes that the judicial organs have not yet grasped shall be regarded as surrendering.
Article 2 of the 2. Supreme Law's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Self-surrender and Meritorious Work stipulates
"If a criminal suspect, defendant or sentenced criminal who has been taken compulsory measures truthfully confesses a crime that has not yet been mastered by the judicial organ, which is a crime of a different kind from the crime that has been mastered by the judicial organ or determined by the judgment, he shall be deemed to have surrendered."
3. Discipline Inspection and Supervision Practice "The Determination of" Surrendered "in the Context of Discipline and Law
With regard to the determination of voluntary surrender of job-related crimes handled by the Supervisory Commission: (3) to account for crimes other than crimes that do not meet the prosecution standard: after the person under review is reported, the amount verified does not meet the prosecution standard of the crime, and the perpetrator who has taken the investigation measures voluntarily confesses the criminal facts that have not been mastered by the discipline inspection and supervision organs, it shall be deemed as voluntary surrender.
4. the Shandong Provincial People's Procuratorate's "Understanding of Issues Related to the Determination of Surrender during the Investigation of the Commission for Discipline Inspection in Duty Crime Cases"
The general rules for determining voluntary surrender during the investigation by the Commission for Discipline Inspection: Fifth, crimes other than crimes that fail to meet the prosecution standard shall be determined as voluntary surrender. After the perpetrator is reported, the amount verified according to the content of the report does not meet the prosecution standard of the crime, and the perpetrator who has been investigated takes the initiative to confess the facts of the crime that are not grasped by the discipline inspection and supervision organs. According to the provisions of Article 15 of the Criminal Procedure Law, it is not considered a crime if the standard of criminal prosecution is not met. At this time, the perpetrator shall confess the facts of the crime to the case-handling organ and shall be deemed to have surrendered himself.
5. China Court Network "Discipline Inspection and Supervision Organs Handling Duty Crime Surrender Determination"
Article 3, accurately understand the spirit of legislation, strictly distinguish the boundaries of voluntary surrender. (V) confessing crimes other than crimes that do not meet the standard of prosecution should be considered voluntary surrender. After the perpetrator is reported, the amount verified according to the content of the report does not meet the prosecution standard of the crime, and the perpetrator who has been investigated takes the initiative to confess the facts of the crime that are not grasped by the discipline inspection and supervision organs. According to article 15 of the Code of Criminal Procedure, a crime is not considered a crime if the criteria for prosecution of a crime are not met. At this time, the perpetrator shall confess the facts of the crime to the case-handling organ and shall be deemed to have surrendered himself.
Dispute Point Conclusion
Wang Moumou's behavior should be identified as voluntary surrender.
After the defender submitted relevant cases, especially the three documents of the website of China Court website, the determination of voluntary surrender of duty crimes by discipline inspection and supervision organs, the public number of Shandong Provincial people's Procuratorate, the understanding of the issues related to the determination of voluntary surrender during the investigation of the Commission for discipline Inspection in the investigation of duty crimes, and the discipline inspection and supervision practice, the judicial organs finally adopted the views of the defender, identified the plot of Wang's surrender.
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