On The Identification Surrendered Our Judicial Practice

The criminal law of our country implements the lenient and strict punishment sentencing system, is an important part in the. How to effective, timely, accurate use of surrender, to break the suspect’s psychological line of defense, especially in the common crime and bribery and other types of crime case of nest, string case investigation and trial, can effectively eliminate the suspect committed, conflict, against the psychological investigation, reducing working difficulty, reduce investigation and punishing cost, encourage and guide the criminal suspects confession, voluntary surrender, start with a clean slate, for better implementation of criminal law has very important significance. In1998April the Supreme People’s Court issued the " treatment of voluntary surrender and meritorious performance on several issues of concrete application of law interpretation ", to surrender the specific legal application further expound. On March12,2009, the Supreme People’s court and the Supreme People’s Procuratorate jointly issued " on handling duty-related criminal cases identify himself crime and sentencing questions ", defines the crime surrender identification and treatment. This judicial interpretation promulgated and implemented, so that the judiciary cognizance perpetrator confession has further legal basis, but in judicial practice, ceaseless emerge in large numbers in different case morphology, the cognizance of surrender, become complicated, changeable. The author cited several cases in judicial practice, from elements of the cognizance of surrender, remaining crime surrender identification, in judicial practice about the crime, common crime surrender surrender number, unit crime surrender, discipline appoint the investigation stage of cognizance of surrender and so on several aspects, to analysis are discussed in the paper. The first identified from difficulties. On the analysis of problems in the process, with detailed judicial practice, and timely improvements, such as the surrender of object, need not be too limited to specific organs and units, can also be a victim such as point of view, as long as the surrender object finally attributed to judicial organs to deal with, can be identified as surrender. After the confession confession voluntary surrender, and time is limited in a trial before, the author thinks should be relaxed to the second trial or sentence before. In the remaining crime surrender identification, the author thinks the judicial organ master criminal behavior, cannot understand simply for all the facts of the crime, the evidence is sufficient, as long as the master some clues, and formed a certain point, they can be defined as the crime was mastered. In judicial practice, the discipline inspection and supervision organs per year to the judicial organ to the massive corruption cases, but the discipline inspection and supervision organs of investigation stage, especially by taking two gauge measures during the period of investigation, the confession of the facts of the crime, can be identified as surrender, in the judicial practice there is no clearly defined. The author thinks, the person under investigation because of suspected violations were the discipline inspection and supervision organs of investigation, without engaging in " two rules" to measure, discipline inspection and supervision organs surrendered, the confession of the Institute for crime, whether the discipline inspection and supervision organs have facts, shall be recognized as voluntary surrender. In the disciplinary inspection and supervision organs of " two plan" period, the active account is not master of the facts of the crime, it shall be deemed to be surrendered.