A Study On The Knotty Problems In The Determination Of Voluntary Surrender

In the current criminal trial practice,whether the confession can be accurately identified is often a difficult issue in the criminal trial work.Surrender,because it may exist in every criminal case,is not only the focus of the prosecution and defense,but also an important factor affecting sentencing.Because of the development and changes of the Times,the suspect’s modus operandi and the way of returning the case are very different from the past,so each case-handling unit makes corresponding adjustments in the process of carrying out the relevant work.Although our country has the related stipulation about surrender,but regarding the new case and the new type,whether the original stipulation adapts the new time development also to face the new test.Because of the special status and irreplaceable role of voluntary surrender has always been the key to the criminal justice departments need to accurately grasp.Since the founding ceremony of the People’s Republic of China,with the continuous development of China’s knowledge-based economy,the voluntary surrender system is also constantly developing and improving.Surrender,according to China’s Criminal Law,we need to have two elements,namely voluntary surrender and truthful confession.In criminal trial,there are three kinds of difficulties in the determination of voluntary surrender,namely,"telephone summons type","on-the-spot waiting type" and "suspicious behavior type".In the cognizance of the true confession,the common difficult problems mainly lie in the explanation of the nature of the act,the explanation of the subjective state of mind,and the concealment of the criminal act of the accomplice.In these complicated ways,how to correctly determine whether each suspect has the circumstances of voluntary surrender is not only testing the wisdom of the judges and the collegial panel,but also the need for relevant provisions to be clear.