What is the relationship between the motive for the crime and the voluntary surrender?

Updated on society 2024-06-05
5 answers
  1. Anonymous users2024-02-11

    It really doesn't matter. Sometimes a crime of negligence does not turn himself in, and sometimes a crime is intentionally committed but he surrenders himself, anyway, it doesn't matter whether it is legal, logical, or realistic.

  2. Anonymous users2024-02-10

    The motive for the crime is a state of mind before committing the crime, for example, A robbed B's girlfriend, and B slashed A with a hunting knife in order to take revenge on A, and seriously injured A, and this "B retaliated against A" is B's motive for the crime. After B injured A, he was discovered by his family after returning home, and after being persuaded by his family, he voluntarily surrendered to the public security organ the next morning, accompanied by his family, and truthfully confessed his criminal acts, which is a voluntary surrender. In fact, there is no necessary connection between the two, if they have to be linked, that is, both have a certain impact on sentencing, voluntary surrender is a statutory mitigating circumstance, and the motive for the crime is a discretionary mitigating or aggravating circumstance...

  3. Anonymous users2024-02-09

    There is no necessary causal relationship.

  4. Anonymous users2024-02-08

    Legal Analysis: Voluntarily surrendering is not necessarily a voluntary surrender. The voluntary surrender of criminal suspects is a prerequisite for the establishment of voluntary surrender, and without this premise, there can be no talk of voluntary surrender.

    Voluntary surrender refers to the offender taking the initiative and directly confessing the facts of the crime to the judicial organs after committing the crime but before being brought into the case, and waiting for handling. Voluntary surrender includes three basic situations: (1) Voluntary surrender when neither the facts of the crime nor the perpetrator have been discovered.

    2) Voluntary surrender when the facts of the crime have been discovered but the perpetrator is unknown. (3) Voluntary surrender when both the facts of the crime and the perpetrator have been discovered and the judicial organs have not yet taken compulsory measures.

    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.

  5. Anonymous users2024-02-07

    Voluntary surrender refers to the criminal's original intention to admit the facts of the crime to the public security organs; Voluntary surrender refers to the voluntary confession of the facts of the crime when the facts have not yet been clarified. Voluntary surrender comes first, and voluntary surrender comes last. Voluntary surrender refers to the fact that the criminal act is not discovered, and the criminal confesses the criminal act out of his intention.

    Legal basisArticle 67, Paragraph 1 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. "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. Where the criminal suspect surrenders to his unit, urban and rural basic-level organizations, or other relevant responsible personnel; 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; Where the crime has not been discovered by the judicial organs, but only after being interrogated or educated by the relevant organizations or judicial organs because of their suspicious appearance, they voluntarily confess their crimes; 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.

    Surrendering was not on the initiative of the criminal suspect, but was persuaded or accompanied by relatives or friends; Where the public security organs notify the relatives and friends of the criminal suspect, or where the relatives and friends take the initiative to report the case, they send the criminal suspect to surrender or surrender, it shall also be viewed as a voluntary surrender. Where criminal suspects voluntarily surrender and then flee, it cannot be found to be voluntary surrender.

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