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In my judgment, I think it should be based on whether the police are aware of your crimes.
If the police are aware of the current crime, you voluntarily surrender and confess truthfully. If there is an act of fleeing and being brought to justice, and although compulsory measures have been taken against the previous act, and the conditions for the former voluntary surrender have disappeared due to the act of fleeing, but the person surrenders again before being caught, this situation can be equated with the situation of voluntary surrender for the first time, so voluntary surrender is established.
If the police do not have a grasp of the current crime, and you voluntarily surrender, regardless of whether you truthfully confess or not, and later flee and return to the case, and you confess truthfully, then you are also guilty of voluntary surrender.
In summary, voluntarily surrendering and fleeing, and returning to the case before being captured and truthfully confessing, should be established as voluntary surrender.
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Article 67 of the Criminal Law stipulates that a person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is a voluntary surrender. Therefore, it is not enough to just surrender, but also to truthfully confess one's crimes in order to be regarded as voluntarily surrendering and receiving a lighter or commuted punishment.
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The latter act can be established as a voluntary surrender. Although the relevant judicial interpretations stipulate that "if a criminal suspect voluntarily surrenders and then flees, it cannot be found to have surrendered voluntarily", this is for those who do not surrender voluntarily after the crime. In this case, although it can be denied that the previous surrender was established and voluntary surrender can be denied according to the judicial interpretation, it cannot be denied that the subsequent voluntary surrender and truthful confession were established and voluntary surrender.
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Legal Analysis: If the offender voluntarily surrenders and then flees, he is actually returning to a state where he has not yet surrendered, and he has a new opportunity to surrender. At this time, if the offender voluntarily returns to the case again based on his own will, it still falls under the essential characteristics of "voluntarily handing himself over to the state for prosecution" of voluntary surrender, and it should be determined that his conduct is "voluntary surrender".
Legal basis: Criminal Law of the People's Republic of China
Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in. 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.
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.
Article 68: Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying it to be true, or providing important leads, thus enabling the investigation of other cases, their punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
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Legal Analysis: Voluntary surrender after fleeing to a foreign place after committing a crime and voluntarily surrendering. There are several situations that belong to the automatic surrender of the song code:
1. After committing a crime, surrendering before the judicial organs discover the facts of the crime; 2. After the crime was trapped, the facts of Wang Chen's crime were discovered by the judicial organs, but he has not yet been locked down as a criminal by the judicial organs; 3. After committing the crime, the facts of the crime are discovered and the criminals are locked, but the criminals have not yet been brought to justice.
Legal basis: Criminal Law of the People's Republic of China Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own 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.
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Legal Analysis: Voluntary surrender after fleeing to a foreign place after committing a crime and voluntarily surrendering. There are several situations in which voluntary surrender is made:
1. After committing a crime, surrendering before the judicial organs discover the facts of the crime; 2. After committing a crime, the facts of the crime are discovered by the judicial organs, but the judicial organs have not yet been locked up as criminals; 3. After committing the crime, the facts of the crime are discovered and the criminals are locked, but the criminals have not yet been brought to justice.
Legal basis: "Criminal Law of the People's Republic of China" Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who turn themselves in may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
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