Judicial Confirmation Of Truthful Statement After Notification By Telephone

The surrender system is one of the important legal systems in our country.As a circumstance of statutory punishment,the behavior of the perpetrator after the criminal activity is the object of evaluation.It occupies a pivotal position in both the theory and practice of criminal law.The establishment and improvement of the surrender system signifies the maturity of my country’s criminal law.This article selects the real criminal cases—Jing,Zhao,Wang and others who constitute the crime of opening a casino as the research object.First of all,this article starts from studying the realistic and theoretical significance of the real case,and clarifies the purpose and significance of studying the surrender system.The case analysis method,literature analysis method,comparative research method,comprehensive analysis method and other paper writing and research methods are used to analyze the selected cases in this article in detail,trying to clarify the analysis difficulties and innovations of this article through the study of the real case.Secondly,this article further clarifies the focus of controversy in the selected real cases through a general introduction to the basic case.Thirdly,this article starts from the two perspectives of "whether the defendant is deemed to have surrendered automatically when notified by telephone" and "whether the defendant in this case is recognized as a true confession",analyzes and demonstrates whether the defendant’s behavior after committing criminal activities can be evaluated For "automatic surrender" and "truthful confession",through in-depth analysis of selected real cases,to clarify the determination standard of the surrender system,that is,automatic surrender and truthful confession.Finally,this article summarizes and deepens the full text in the thinking and suggestions section.The system of surrender should be corrected in three aspects: "the standard of determination of surrender should be unified","the traditional view of punishment should be inherited when the surrender is determined",and "the judgement view that requires confession of guilt as a prerequisite in practice should be corrected" Consider the existing shortcomings and make suggestions and prospects for the future development of the system.Based on the difficult circumstances identified by the surrender system in criminal justice practice,that is,can the truthful confession be recognized as a surrender after being notified by telephone? This article analyzes and demonstrates that real cases—Jing,Zhao,Wang,etc.,constitute the focus of the dispute in the crime of opening a casino.The final conclusion is as follows: The surrender system can be divided into two different types: general surrender and special(special)surrender.The constituent elements of the two are completely different and cannot be confused;telephone notification is not a criminal compulsory measure and does not have compulsory effect.As long as the perpetrator chooses to come to the case under such circumstances,it can be determined to be an automatic surrender;whether it constitutes a true confession should be determined based on the specific circumstances of the perpetrator’s confession of the crime in accordance with the provisions of the relevant judicial interpretation.