An Analysis Of The Voluntary Surrender Cases Of He Xiaohong And Others

In recent years,with the increase in the application rate of non-custodial criminal coercive measures such as bail pending trial and surveillance residence,some criminal suspects or defendants have been caused by criminal suspects or defendants' weak legal awareness and insufficient supervision by the case-handling authority.People abscond.There are different opinions in theoretical research and judicial practice on whether a criminal suspect or defendant who has taken the initiative to submit to the relevant authority after abstaining from trial or absconding in surveillance has taken the initiative to submit to the relevant authorities.He believes that he cannot be confessed.This inconsistency in adjudication standards has led to the fact that the cases are basically the same,and the results of the adjudications are completely different,which has also seriously affected judicial fairness and the credibility of the law.The above-mentioned situation occurs because there are disputes in determining whether the act can constitute an automatic casting,mainly focusing on the applicable legal basis,the time limit for automatic casting,and the balance of sentencing.Based on the method of system interpretation,this article clarifies that the definition of automatic submission should be an overarching provision,which is the basis of subsequent exemplary provisions.The connotation and extension of the exemplary provision cannot exceed the scope of the overarching provision.The time limit is strictly limited after the crime is committed and before coercive measures are taken.In practice,the reason why the criminals absconded is because of the hierarchical and changeable psychology.This mentality change is normal and should be understood,but the criminals should not be given the opportunity to artificially surrender.Therefore,it should be more cautious when reviewing the re-investment behavior,and the thoroughness of the investment should be taken into consideration,and the criminal actor's initial arrival status should be used to determine whether it constitutes surrender.Should surrender,and the initial return is passive,the surrender cannot be deemed surrender.At the same time,in order to more accurately measure the subjective malignancy and personal danger of the perpetrators of the crime,and encourage the perpetrators to actively confess their guilt,they should adhere to the principle of relatively separating the nature of the behavior from the sentencing,and according to the specific circumstances of the case,punishment of the escape and voluntary surrender should be appropriat e.In order to reflect the fairness of punishment and give full play to the overall preventive function of criminal law.