On The Truthful Confession In The Condition Of The Establishment Of Surrender

As the essential element of the establishment of voluntary surrender,the truthful confession has a great utilitarian value orientation on the legislative design.In nature,it is necessary to save costs,repair relations,reform criminals and maintain social order.It applies to general voluntary surrender and special surrender system.The truthful confession in the general surrender system,the time node of the confession cannot be regarded as the same.For those who fail to make a truthful confession of their own criminal facts after voluntarily surrendering,the time node of their truthful confession,before the main facts of the crime are at the disposal of the judiciary;For those who,after automatic surrender,have failed to truthfully confess their own crimes and have retracted their confessions,the time of their truthful confession Nodes are limited to prior to the first instance judgment.The content of confession is "one's own" main facts of crime,and the so-called "main facts of crime" refer to the facts and circumstances of crime which have an impact on the conviction and sentencing of the perpetrator.There is no legislative requirement for the specific subjective attitude of truthful confession.This paper holds that thecriminal suspect denies subjective intention and defends the subjective state of mind without truthfulness and cannot be regarded as a truthful confession.The particularity of the truthful confession in the system of special surrender lies in the fact that the content of confession is not in the possession of the judiciary and other crimes.The term "unmastered" means that the judiciary has not yet discovered the existence of a criminal act or that it has already committed a crime.The existence of crime,but can not clearly determine who the perpetrator is.The time of the truthful confession under the special surrender requires the actor to truthfully account the facts of the crime to the judicial organ after the criminal is passively under the control of the judicial organ.Finally,the fourth chapter of this article analyzes and discusses the true confession crimes of serial criminals,absorbing criminals,and implicated criminals,and makes specific identification of the complicit criminals,drug criminals who confess the drug up and down,and the co-criminals who commit crimes beyond the self-crime confession.