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Voluntary surrender: Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts who are currently serving a sentence for whom compulsory measures have been employed, truthfully confess their own other crimes that are not yet known to the judicial organs, it is to be considered voluntary surrender.
Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
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According to the relevant provisions of China's Criminal Law, those who voluntarily turn themselves in may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived. Criminal suspects, defendants, and convicts who are currently serving a sentence who have been subjected to compulsory measures and truthfully confess other crimes of their own that are not yet known to the judicial organs are voluntarily surrendered.
So, under what circumstances does it count as a voluntary surrender?
1. "Voluntary surrender".
"Voluntary surrender" refers to the voluntary and direct surrender to the public security organs, people's procuratorates, or people's courts when the facts of the crime or the criminal suspect have not been discovered by the judicial organs, or when they have been discovered, but the criminal suspect has not been interrogated or compulsory measures have not been employed.
1) Voluntarily surrendered.
1.Where the criminal suspect surrenders to his unit, urban and rural basic-level organizations, or other relevant responsible personnel;
2.Where the criminal suspect entrusts another person to surrender on his behalf due to illness or injury, or in order to mitigate the consequences of the crime, or first surrenders by letter or telegraph;
3.Where the crime has not yet been discovered by the judicial organs, but only because of suspicious appearance, after being interrogated and educated by the relevant organizations or judicial organs, they voluntarily confess their crimes;
4.Fleeing after committing a crime, voluntarily surrendering in the course of being wanted or pursued; Where upon investigation it is found that they are already preparing to surrender, or are in the process of surrendering, and are captured by the public security organs, it shall be viewed as voluntary surrender.
2) Others help to surrender.
1.Surrendering was not on the initiative of the criminal suspect, but was persuaded or accompanied by relatives or friends;
2.Where the public security organs notify the criminal suspect's relatives and friends, or where the relatives or friends voluntarily report the case and send the criminal suspect to surrender, it shall also be viewed as voluntary surrender.
Note: Where a criminal suspect voluntarily surrenders and then flees, it cannot be found to be voluntary surrender.
2. Truthfully confess the crime.
1) Truthful confession of one's own crime refers to a criminal suspect truthfully confessing the main facts of his or her crime after voluntarily surrendering.
2) Where criminal suspects who have committed multiple crimes only truthfully confess some of the crimes they have committed, it is to be found to be voluntary surrender for only truthfully confessing some of the crimes.
3) In cases of joint crimes, in addition to truthfully confessing their own crimes, criminal suspects shall also confess to co-offenders they know of, and the principal offender shall confess the facts of the joint crimes of the other co-offenders that they know before they can be found to have voluntarily surrendered.
4) Where criminal suspects voluntarily surrender and truthfully confess their crimes and then retract their confessions, it cannot be found to be voluntary surrender; However, where they can truthfully confess before the first-instance judgment, it shall be found to be voluntary surrender.
3. Special Voluntary Surrender.
The "special voluntary surrender" targets criminal suspects, defendants and convicts who have been sentenced in accordance with the provisions of article 67, paragraph 2, of the Criminal Code.
Where criminal suspects, defendants, and convicts who have already been sentenced for compulsory measures truthfully confess a crime that is not yet known to the judicial organs, and it is the same type of crime as the crimes already known to the judicial organs or confirmed by the judgment, they may be given a lighter punishment as appropriate; Where the same type of crime truthfully confessed is more serious, a lighter punishment shall generally be given.
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If the perpetrator Gao Chen voluntarily surrenders after committing the crime and truthfully confesses his crime, it is considered to be a voluntary surrender. or criminal suspects, defendants, or convicts who are currently serving a sentence who have been subjected to compulsory measures, and truthfully confess their own other crimes that are not yet known to the judicial organs, are also counted as voluntary surrender.
[Legal basis].Article 67 of the Criminal Law of the People's Republic of China.
Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.
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There are three aspects: voluntary surrender can obtain a lighter or commuted punishment, voluntary surrender cannot be a barrier to escape punishment, and there is a very big difference between a lighter punishment and a mitigated punishment.
1. According to the relevant laws, voluntary surrender can indeed obtain a lighter punishment or a reduced punishment.
Whether or not a voluntary surrender can be punished with a lighter or mitigated punishment needs to be weighed in accordance with relevant laws. ......According to the relevant laws, voluntary surrender can indeed obtain a lighter punishment or a commutation of punishment. ......Because of this, if the person has voluntarily surrendered, then he can definitely get a lighter punishment or a mitigated punishment.
This is a definite thing.
2. After surrendering, he will still be punished, and it cannot be used as a barrier to escape punishment.
Although voluntary surrender can be punished with a lighter or mitigated punishment, the act of voluntary surrender cannot be used as a barrier to escape punishment, and the parties concerned still have to be dealt with accordingly. Again, all of this needs to be done in accordance with the relevant laws.
3. There is a very big difference between a lighter punishment and a mitigated punishment.
Although the expression between mitigating punishment and mitigating punishment is relatively similar, there is a very big difference between the two. ......First of all, depending on the circumstances, the outcome of the act of voluntary surrender may be a lighter punishment or a mitigated punishment. ......Second, a lighter punishment does not necessarily mean that no punishment will be imposed, and a mitigated punishment does not mean that a major matter is reduced to a small matter.
Everything must be adjudicated in accordance with the law, and handled and implemented in accordance with the law.
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