Research On Related Problems Of "Truthful Confessed" In Surrender System

Surrendered system is an important penalty system and a kind of legal lenient circumstances in Chinese Criminal Law.It has great significance in criminal law practice.For criminals, if he or she constitutes a surrender,he can get lenient punishment.It’s a great motivation to the criminals.And for the judiciary authorities and social, surrender also helps to control crime and the correction of the perpetrator.Applying surrendered system in the judicial practice can effectively help judicial authorities improve judicial efficiency and saving the cost of justice. This paper discusses Truthful Confessed——one of the two basic elements of surrendered system,combined with relevant theory, judicial interpretation and criminal law cases.The paper presents the author’s views and opinions about the issues related of truthfully confessed and expects a deeper understanding of the surrendered system.This paper is divided into three parts. The first part introduces the time node of truthfully confessed in surrendered system.The chapter analyzes the current theories about the time of truthfully confessed---- "immediately confessed" and "confessed before the legal validity". Then the paper puts forward that "truthfully confessed" should be "timely" and it should occur before judicial authorities master the main suspects of crimes.If the suspect overthrows his confession,the time node of truthfully confessed must meet wo requirements:timely and confessed again before the first instance verdict.The second part studies the content of "truthfully confessed". This chapter studies the contents of General surrender and Special surrender.Usually the suspect surrendereds the main facts of the crime to the judiciary.The main facts of the crime should include two parts: convicted facts and significant sentencing facts.In the joint crime,according to the different role the suspect played in the crime,the scope of “his crime”are not the same.In special surrender, the article holds that the suspect surrendereds other facts of the crime judicial authorities not yet mastered should include the same kind of offensand which have mastered by the judicial authorities.Otherwise,it will violate the essence of surrender — — the perpetrator voluntarily put their criminal acts under the prosecution by national jurisdictions.The "truthfully" confessed of the suspects does not require in accordances with the crime exactly.If the judicial authorities can exclude reasonable suspicion and "reappear" the criminal process, based on the suspect’s confession and the evidence or clues that the judicial authorities have already mastered, the confessed made by the suspect should be affirmed that it was true by the judicial authorities.The third part mainly studies the relationship between "truthfully confessed" and excuse of the suspect,also the relationship between "truthfully confessed" and"Meritorious Performance”.By analyzing different excuse content confessed by suspects,the paper thinks that the excuse for the nature of the facts and subjective attitude does not affect the recognization for truthfully confessed.But if the excuse about causes of crime has affected the recognization for facts of the case,it will not fall into the category of truthfully confessed.And in the relationship between the"truthfully confessed" and “Meritorious Performance “,the artical holds that truthfully confessed and meritorious performance should not exist in the same behavior under normal circumstances. But in the joint crime, if the suspect provided clues that judicial authorities can not be mastered through the normal procedures and the suspecet helps to arrest accomplices, the suspect can be recongnized that his or her statement was true.And in correspondence offense, suspects expose others behaviors can also be considered meritorious.