The relationship of surrender, what is surrender?

Voluntary surrender and confession have the same in that they both presuppose that a criminal act has been committed; all of them truthfully confessed the facts of their crimes after they were brought into the case; All of them are circumstances of lenient punishment. So, what's the difference?

Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Confession generally refers to the offender's act of truthfully confessing the facts of the crime he was accused of after being passively brought into the case. The difference between them is, first of all, whether or not they surrender automatically:

Generally, voluntary surrender means that the offender voluntarily surrenders; Confession is passive retribution; The key difference between confession and voluntary surrender is whether the crime confessed has been grasped by the judicial organs: criminal suspects, defendants, and criminals who are serving sentences who have been subjected to compulsory measures and truthfully confess other crimes that the judicial organs have not yet grasped are voluntarily surrendered; A person who truthfully confesses his or her own crimes that the judicial organs have already grasped is a confession. Therefore, voluntary surrender is not the same as the degree of personal danger of the offender reflected in the confession, and voluntary surrender is more indicative of the reduction of the personal danger of the offender.

Therefore, voluntary surrender is a statutory lenient sentencing circumstance, and confession is a discretionary sentencing circumstance. 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.

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.

Confession in a broad sense includes voluntary surrender. Confession in a narrow sense refers to the act of a criminal who passively returns to the case, truthfully confesses the facts of the crime he was accused of by the judicial organs, and accepts the state's review and adjudication.

The similarities between surrender and confession in the narrow sense are:

1) Both are premised on the fact that the offender has committed a criminal act;

2) Both can truthfully confess the facts of their crimes after the offender is brought into the case;

3) the offenders of both have the conduct of being subject to state review and adjudication;

4) Both offenders can receive appropriate lenient punishments.

5) Both are statutory mitigating circumstances.

The differences between the two are:

1) Voluntary surrender is the act of the offender voluntarily and truthfully confessing the facts of his or her crime after voluntarily surrendering, and confession is the act of the offender truthfully confessing the facts of the crime as charged after passively returning to the case;

2) Criminals who surrender themselves show better remorse and are less dangerous; Confessed criminals are often forced to admit their guilt under certain conditions, and their personal danger is relatively great;

1. Voluntary surrender is divided into general voluntary surrender and special voluntary surrender. Voluntary surrender refers to the act of a criminal voluntarily surrendering after committing a crime and truthfully confessing his crime. The so-called special voluntary surrender, also known as quasi-voluntary surrender, refers to the conduct of criminal suspects, defendants, and convicts who are currently serving a sentence against whom compulsory measures have been taken to truthfully confess their other crimes that have not yet been known to the judicial organs.

According to the provisions of paragraph 2 of article 67 of the Criminal Code, it refers to the criminal suspects, defendants and convicts who are serving sentences against whom compulsory measures have been taken to truthfully confess their other crimes that are not yet known to the judicial organs.

2. Constitutive elements of special voluntary surrender.

1. The subjects of special voluntary surrender are criminal suspects, defendants, and convicts who are currently serving their sentences.

According to the provisions of the Criminal Procedure Law, coercive measures include custodial summons, detention, release on bail pending trial, residential surveillance, and arrest. Criminals currently serving their sentences mainly refer to convicts who have already been sentenced to controlled release, short-term detention, fixed-term imprisonment, life imprisonment, or a suspended death sentence, as well as convicts who have been given a suspended sentence in accordance with law, commuted or parole in accordance with law, but are still in the probationary period or serving the remaining sentence.

2. Must truthfully confess other crimes of the person that the judicial organs have not yet grasped.

This is the core requirement for the establishment of a special voluntary surrender. With regard to this element, it should be understood as follows: the crime to be confessed must be a crime that is not yet known to the judicial organs, that is, the facts of the crime that the judicial organs are not yet aware of.

Article 4 of the Interpretation stipulates that "where a criminal suspect, defendant or convict who has been sentenced for which compulsory measures have been taken truthfully confesses a crime that has not yet been grasped by 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 is truthfully confessed, a heavier punishment should generally be given. According to the above judicial interpretation, the crimes for which a confession is required in the case of voluntary surrender should be limited to different types of crimes.

In the case of a special voluntary surrender, the offences for which a confession is requested should be limited to different types of offences.

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The crime of fraud and the crime of insurance fraud should be crimes of the same nature, in accordance with the provisions of the special law of the criminal law and the general law. The crime of insurance fraud is a special law, and the crime of fraud is a general law.

If it is not established, it can be regarded as a meritorious report, and the sentence may also be commuted as appropriate.

Special voluntary surrender can only be established if one has confessed to the facts of a crime of another nature that are not known to the public security organs.

It should be found that there is a circumstance of voluntary surrender.

From a legal point of view, as long as there is no police officer to arrest and go to prison, it is called voluntary surrender. I don't think I'm steady, I hope you get back to the right path as soon as possible.

The act of voluntarily surrendering after committing a crime and truthfully confessing his or her crime is a general voluntary surrender. Criminals who surrender voluntarily may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

Voluntary surrender refers to the act of voluntarily surrendering after committing a crime and truthfully confessing one's crime to the public security, judicial organs, or other relevant organs.

[Legal basis].

Article 67 of the Criminal Code.

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, and convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that the judicial organs have not yet learned, they are to be considered to have turned themselves in.

Where criminal suspects do not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, 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.

can reduce the punishment.