The Application Of Voluntary Surrender In Criminal Penalty

As an important system of criminal law, Voluntary Surrender system can influence acrime person call itself pleaded guilty repentance, self-reflection, which will help the judiciary quickly cracked the case, reducing the cost of justice penal system. From a legislative perspective point of view, it presents a variety of self culprit are adhering to the principles of lenient punishment, but not the same lenient punishment provisions, Generally can be grouped into two categories, the absolute leniency relatively lenient penalties and surrender penalties, academics Tong said that China’s criminal legislation is taken voluntarily surrendered themselves to the principles of relatively lenient punishment. The so-called "relatively lenient punishment" principle, refers to all leniency from the culprit is not punished, but to the specific circumstances of the offender by the judge to surrender behavior, including motivation, contrition degree comprehensive study to finally determine whether leniency punishment. Surrender "lenient punishment" after the establishment of surrender is not absolutely applicable, how to apply the surrender lenient punishment, China’s criminal law and judicial interpretation given only a general provision, the High Court issued over the relevant documents on how to surrender in the applicable sentencing clear and specific enough, theorists study also almost empty.In judicial practice, the provisions of relevant laws and regulations applicable surrender not specific enough, not enough to refine the standard, can not form effective guidance, resulting in too wide a range surrendered applicable. During the trial, surrender the identification and lenient punishment is appropriate dispute often become the focus of both parties, and even become party malicious slander pretext of judicial corruption. This not only leads to confusion in theory, also led to a miscarriage of justice, and led to criticism of society. The author believes that to find surrender lenient punishment according to surrender and as applicable in accordance with consistent standards in the penalty Discretion into consideration the social harm of crime and suspects the performance of the personal danger, decide whether lenient punishment referee, referee penalty sought results are consistent with the social harm caused by crime and the suspect’s dangerousness, while the specific sentencing leniency punishment to consider the suspect surrendered time, motivation, and a true account of the way and other factors, according to the proper application of the principle of surrender lenient punishment, effectively play surrender value system should function.