Voluntary Surrender Of Practical Problems And Solutions

Surrender as our criminal law system, is a concrete manifestation of a combination of criminal penalties for punishment with leniency policy. Urge the criminals voluntarily surrendered to promote their rehabilitation to combat the collapse of the criminal forces, rapid and effective detection of cases is significant.In1997the Criminal Law to voluntarily surrender and truthfully confessed his crime after the crime identified as surrendered. on the surrendered some of the legal application of judicial interpretation, but surrendered to the issues identified in practice complicated, laws and regulations as well as judicial interpretation of the provisions is difficult to cover in detail some practical issues still need to discuss in depth.I refer to the existing theoretical results on the basis of discussions, mainly encountered in trial practice, there is considerable controversy surrendered identified the following issues:1、A traffic accident after the surrender.《Road Traffic Safety Law》 stipulates that the obligation of the perpetrators, but cannot be used to deny traffic crime surrendered. Surrendered to the identification of the Crime of the key is whether to take the initiative and brought to justice, a true account of the plot;2、Acting suspiciously type to surrender. This is the case surrendered is developed on the basis of the traditional surrendered, to further improve the effectiveness of litigation."Acting suspiciously","active account" and other words to understand the use of differences still exist, need to use in the judicial practice on the basis of criminal law related knowledge to fully understand in order to make comprehensive and accurate identification of such surrendered;3、The retracted problem surrendered. Retracted, in particular of the trial phase of the second trial, the retrial of retracted not only seriously affect the judicial order to reduce the judicial efficiency, but also directly affect the criminals finally accepted the intensity of the legal punishment. Whether defined surrendered on the retracted issue is not only academic issues, is also a more practical problems to be solved4、Period of double rules" establishes to surrender to justice. Period of" double rules" during the period taken is similar to the strength of the measures and criminal compulsory measures can be applied for during the" double rule" a true account of acts of nature the voluntary surrender of the relevant provisions, I believe that should be distinguished look.In this paper, to analysis from the voluntary surrender of whether a true account of the two for more than four cases, practice identified surrendered grounds were compared. Departure from the typical case, the full use of the trial of practical experience and theoretical knowledge of Law were discussed. Surrendered Elements reason to absorb, and ultimately gives the concluding observations of whether the identified surrendered, and some of their own ideas and think it is worth some of the views advocated. Can be encountered in the judicial practice of the above identified surrendered to provide some reference and benefits.