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Confession is when the criminal interrogates, interrogates or takes coercive measures at the judicial authorities.
After that, confessing to the facts of the crime that have been suspected or discovered. Confession is a passive confession of a crime, that is, after being suspected and discovered by the judicial organs, and truthfully confessing the facts of the crime under the interrogation of the judicial organs, it is a manifestation of the criminal's admission of guilt.
Confession in a narrow sense refers to the act of truthfully confessing one's own crime after the offender is passively brought into the case (such as being caught red-handed by judicial personnel, being turned over to a judicial organ by the public, and other circumstances that do not have the circumstances to voluntarily surrender). Its essence lies in the act of truthfully confessing the facts of the crime against which it is alleged. Confession in a broad sense includes voluntary surrender.
There are three constituent elements of confession:1The offender is passively brought to justice; 2.The offender truthfully confesses the alleged crime; 3.The offender truthfully confesses his crime.
Difference from Surrender Broadcast.
Surrender and confession have the same thing: they both presuppose that they have committed a crime; They all truthfully confessed their crimes after being brought to justice; All of them are circumstances of lenient punishment.
The key difference between a general surrender and a confession is whether or not it surrenders voluntarily. Generally, voluntary surrender means that the offender truthfully confesses his crime after voluntarily surrendering to the police; Confession is a truthful confession of one's own crimes after being passively brought to justice. The key difference between quasi-voluntary surrender and confession is whether or not one truthfully confesses other crimes of oneself that the judicial organs have not yet grasped, and those who truthfully confess other crimes of oneself that the judicial organs have not yet grasped are voluntary surrenders; A truthful confession of other crimes of the person that the judicial organs have already grasped is a confession.
Therefore, voluntary surrender is more indicative of the fact that the offender is less likely to reoffend. In addition, a case released by the court on confession and voluntary surrender has been included in the Jurists' Guiding Cases Network, and relevant case analysis has been conducted. The difference between confession and voluntary surrender is clearer.
Legal Significance Broadcast.
Confession was originally a discretionary sentencing circumstance, but Article 67, Paragraph 3 was added to the Criminal Law Amendment (VIII) to make confession a statutory sentencing circumstance. [2] According to the provisions of this paragraph, a person who truthfully confesses his or her crime may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted. For example, where the kidnapper after being brought into the case truthfully confesses the location of the hostage, so that the hostage is rescued, and the offender after being brought into the case truthfully confesses the place where the ** object was placed, and the accident is avoided, the punishment may be commuted.
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In response to the two questions raised by some experts and scholars about the Opinions, the editors specifically contacted the drafters of the Opinions, which explained that: First, the "major confession" in Article 3 (14) of the Opinions refers to a confession to avoid particularly serious consequences, because the confession in this situation is significantly different from the ordinary confession, and a greater degree of leniency should be given.
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Confession is confession, and there is no major confession in law, only major meritorious service.
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Summary. On the issue of the meaning of confession, on the basis of the relevant provisions of the Criminal Law of our country, where criminal suspects truthfully confess their own crimes, they may be given a lighter punishment; Therefore, the confession system means that although the criminal suspect does not have the circumstances to turn himself in, but can truthfully confess his crime after being brought into the case, which makes it easier for state organs to handle the case and saves judicial resources, he may be given a lighter punishment. Confession is a discretionary sentencing system.
In addition, where they truthfully confess their crimes and avoid especially serious consequences, the punishment may be commuted.
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On the issue of the meaning of confession, on the basis of the relevant provisions of the Criminal Law of our country, where criminal suspects truthfully confess their own crimes, they may be given a lighter punishment; Therefore, the confession system means that although a criminal suspect has voluntarily surrendered, but is able to truthfully confess his crime after being brought into the case, which reduces the difficulty of the state organ's handling of the case and saves judicial resources, he may be given a lighter punishment. Confession is a discretionary sentencing system. In addition, where they truthfully confess their crimes and avoid especially serious consequences, the punishment may be commuted.
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The main difference between a "major confession" and a "confession" is the degree and sentencing.
1.Degree: Confession is a passive confession of a criminal's crime under the interrogation of the judicial organ after being suspected by the judicial organ and discovering the facts of his crime.
A major confession, on the other hand, is a type of confession, which emphasizes that the offender truthfully confesses the alleged crime, and the suspect confesses his crime truthfully.
2.Sentencing: Confession is a manifestation of the criminal's admission of guilt, which can reduce the punishment to a certain extent, but it cannot completely exempt the criminal from punishment. However, in the case of serious confessions, the punishment may be mitigated or mitigated in the discretion of the punishment.
The above are the main differences between a major confession and a confession, and I hope it can help you.
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The meaning is different, and the degree of confession is different.
1. A major confession refers to a confession to avoid particularly serious consequences, while a confession is a direct and truthful confession, so the difference between the two is that the meaning is different.
2. The degree of confession is more serious, while the degree of confession is lighter, so the difference between the two is that the degree of confession is not the same.
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To confess is to tell the truth of the matter frankly, without lying or covering up.
Unconsciously not confessing shows that the nature of this person's habitual speech is of course bad, because a person's habitual lying shows that he has a lot of rich experience in lying.
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