Research On The Legal Problems Of General Voluntary Surrender

The67th of criminal law clearly states:"criminal surrendered later, trueconfession of his sins, be surrendered. Surrender as an important penalty system isgood to encouraging the rehabilitation of crime suspect surrender, and saving judicialresources. To grasp the essence of surrender cross the whole process. Some peoplethink that the nature of voluntary surrender is the attitude of the suspect’s repentance.But I do not agree with this point, and I think the nature of the surrender is thatsuspect can be themselves under the control of the judicial authorities, and accept thedisposal of the judicial authorities. which can reflect surrendered is different fromother systems of mass better. Surrender is constituent of two elements. They are"surrender" and "confession of their crimes". These two elements are indispensable.The "Surrender" has three parts. They are the time of surrender, the object ofsurrender, and surrender automatically. The first part which turned in time must beafter the criminals, and before the judicial authorities arrested him. And this articlewill use case studying from criminal suspects on bail escape, and calling attendance’to analysis the time condition. This paper will argue the necessity of establishing"first served" system from the perspective of victims turned himself in of the problemof the object the suspect turned himself to. The most typical way of initiative is thesuspects bring themselves to the police. But in practice there also exists the relativesof suspects bundle them attendance for the suspects can be processed spaciously. Thesuspects is brought passively of this case. And he cannot be found for surrendered.But their relatives’ behavior can save judicial resources in some degree. So thesuspect can be processed lightly. The relatives and friends of the suspects led publicto the department of the suspect. And the suspect was captured If the suspects have noresisting arrest behavior. They can be processed lighter. On confession of his crime, Iwill begin with two aspects. The first is when the suspect committed several crimes,and he confessed only the part of them. The second is the suspect concealed his crime records when confessing. These two kinds of situation cannot be generalized, andshould be specific situations with specific analysis. There are no uniform criteria onwhat is "Acting suspiciously" It has a great deal of subjectivity. One case should beidentified as "suspicious" or "suspects" needs strict evidence and should be holdstrictly. In the surrender of "Two-finger" and "two rules" case, we should understandthe nature of these two measures firstly. These two investigative measures aredifferent from criminal coercive measures though they have similarities, and weshould grasp the establishment of the two elements of voluntary surrender strictly. Inthe case of unit voluntary surrender of the crime, it is important to realize the unit’svoluntary surrender is the performance of its whole will. And the relationship of thecrime unit and personnel surrendered should be accurate.