On Application Of Law As To The Issue Of Voluntary Surrender

This thesis is about how to determine whether criminal suspect’s voluntarysurrender accords the two legal requirements or not, which contains voluntarysurrender and truthful confession, and how to distinguish plural crimes of the samekind. The legal system of voluntary surrender is very important in our criminal law,and has great significance in legal practice of application of law. However our currentlaw and judicial interpretation are inadequate and inaccurate, and have some negativeinfluence on judicial justice and the credibility of law. So this issue needs somefurther research. My research contains the following aspects:First, how to determine voluntary surrender. I analyze the situations of activesuspects appearing in court, passive appearing in court, appearing in court and thenbrought to justice and other typical difficult questions. Surrender after interrogated,surrender after summoned, surrender during survey conversation in duty crime case,surrender after investigative measures are taken, and surrender after escaping in bailand residential surveillance. I finally conclude that, criminal suspect’s psychologicalvoluntary, his conscious to surrender, take an important role in determining voluntarysurrender.Second, how to determine truthful confession. In some situation, criminal suspectmight buck passing their duty to each other, and some criminal suspects’ statementare inconsistent with testimony of witness and victim, as a result criminal suspect’sconfession is the only direct evidence. I finally propose that, the principle of nopunishment in doubtful cases should be applied in the issue mentioned above.Third, how to do with the situation of sometimes confess and sometimes withdrawconfession. This question might happen in different stage of legal proceedings, I thinkthat, it’s unreasonable to determine truthful confession before the judgment of firstinstance, and there should be some exception.Fourth, how to distinguish plural crimes of the same kind, for determiningcriminal suspect’s voluntary surrender. I think that, the amount of crime, crime plot, and its impact on sentencing grades should be taken into accounts in cognizance factof plural crimes of the same kind. If the means and acts have correlation and allshould be prosecuted, the confession should be regard as plural crimes of the samekind, whatever the confessed accusations are different.Presently, there is still little researches on the questions aforementioned in theorycircle, and these questions are consciously avoided and neglected in judicial practice.I start the research from actual judicial cases I meet, and analyze the weaknesses ofexisting theoretical studies. Hope that my research would be useful in solving theproblem of inconsistent understanding between different authorities.