Surrender and confession

On December 14, Li Zhe, assistant procurator of the First Procuratorial Department of the Wancheng District Procuratorate, made a guest appearance at the "Voice of the Procuratorate in Wancheng District" to talk about what is self-surrender and confession.

Wancheng District Procuratorate Audio: 00:00/27:24

First of all, I would like to ask you a question, do you often see or hear a sentence in film and television dramas: "Confess and be lenient, resist strictly"? Is this statement correct in the context of current judicial practice? Today I will tell you that this sentence is half right, in judicial practice, confession can be mitigated or mitigated punishment, but resistance will not be strict, because we handle the case not only rely on the confession of the suspect, but also need to collect a variety of other evidence, and eventually form a chain of evidence, there are many cases even if the suspect refuses to admit guilt, with solid evidence can still make him accept criminal punishment. However, the loss of two sentencing circumstances in which such a criminal suspect and defendant can be mitigated, mitigated or even exempted from punishment is the voluntary surrender and confession that we are going to discuss today.

Article 67

Those who voluntarily surrender after committing a crime and truthfully confess their crime are turning themselves in voluntarily. For criminals who surrender voluntarily, the punishment may be mitigated or mitigated. Among them, those who commit a relatively minor crime may be exempted from punishment.

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 deemed to have surrendered voluntarily.

Although a criminal suspect does not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, if he truthfully confesses his crime, he may be given a mitigated punishment; because he truthfully confesses his crime and avoids the occurrence of particularly serious consequences, he may be given a mitigated punishment.

1. Surrender

The voluntary surrender system provided for in the General Provisions of the Criminal Law is applicable to all crimes (including intentional crimes and negligent crimes, natural person crimes and unit crimes), and aims to encourage the offender to voluntarily surrender, on the one hand, to induce the offender to repent and rehabilitate and not to continue to commit the crime; on the other hand, to make the case timely detection and trial. Voluntary surrender can be divided into general surrender and special surrender.

(1) Conditions for the establishment of general voluntary surrender

General voluntary surrender refers to the act of voluntarily surrendering after committing a crime and truthfully confessing one's crime. According to the provisions of the Criminal Law and relevant judicial interpretations, the general conditions for the establishment of voluntary surrender are as follows:

1. Automatic surrender after the crime.

Voluntary surrender generally refers to the act of voluntarily placing oneself under the lawful control of the case-handling organ and accepting review and adjudication when the facts of the crime or the criminal suspect have not been discovered by the public security, procuratorate, trial, or other case-handling organs, or although they have been discovered, but the criminal suspect has not yet been interviewed or interrogated by the case-handling organ, or has not been announced to have adopted investigative measures or compulsory measures, or has not been sent by the masses.

Automatic "surrender" should be to surrender before the perpetrator has been brought to justice. For example, surrendering when the facts of the crime have not been discovered; surrendering when the facts of the crime have been discovered but the criminal suspect has not been ascertained; surrendering when both the facts of the crime and the criminal suspect have been discovered but the criminal suspect has not been interrogated, compulsory measures have not been taken, and has not been sent by the masses; he has fled after committing a crime and surrendered in the process of wanting or pursuing him; and if it is verified that the offender is indeed preparing to surrender, or is on the way to surrender, and is captured by the judicial organs, it shall also be regarded as surrender.

Those who flee after being taken compulsory measures and then "surrender" cannot be considered as automatic surrenders as opposed to crimes for which compulsory measures have been taken, but automatic surrender can still be established for the crimes of new crimes. For example, if A is arrested after committing the crime of robbery and surrenders after escaping, only the automatic surrender for the crime of escape is established, and the automatic surrender for the crime of robbery is not established. For another example, if B commits theft and is released on guarantee pending further investigation, commits robbery when he flees to another place, and then surrenders to the judicial organs and truthfully confesses the facts of robbery, only the automatic surrender of the crime of robbery is established, and the automatic surrender of the crime of theft is not established.

"Voluntary" surrender refers to the active surrender of the offender based on his own will. However, those who voluntarily confess their crimes after being interrogated or educated by relevant organizations or judicial organs because of their suspicious appearance should also be deemed to have voluntarily surrendered; those who are not motivated by criminal suspects, but who are persuaded or accompanied by relatives and friends to surrender, should be regarded as automatic surrenders; and where public security or procuratorial organs notify the criminal suspect's relatives, friends, or relatives and friends to take the initiative to report the case, and send the criminal suspect to surrender, it is also regarded as an automatic surrender. However, if a criminal suspect is sent to the judicial organ by means such as being tied up by relatives or friends, even if he truthfully confesses the facts of the crime, it cannot be determined to be an automatic surrender.

2. Truthfully confess your crimes. That is, after the offender voluntarily surrenders, he truthfully confesses his main criminal facts.

The essence of "truthfulness" is neither narrowing nor expanding one's own crimes. Whether or not the confessed "own crimes" have been in the hands of the judicial organs does not affect, in principle, the establishment of voluntary surrender. Where criminal suspects voluntarily surrender and do not confess their main criminal facts, but voluntarily confess them before the judicial organs grasp the main criminal facts, they shall be deemed to have truthfully confessed their crimes.

Criminals who have truthfully explained the basic facts and main circumstances of the crime, but whose details or circumstances are not clear or cannot be clearly explained, should also be considered to be "truthfully confessing their own crimes"; but if they only avoid the serious and only confess part of them and retain a part, and try to pass through the barrier, they cannot be regarded as truthfully confessing their crimes. Where the defendant has surrendered voluntarily, but defends the nature of his or her conduct (i.e., does not consider it a crime, or considers it a minor crime), it does not affect the establishment of voluntary surrender.

Where a criminal suspect who has committed several crimes only truthfully confesses some of the crimes committed, only some of the crimes that he has truthfully confessed are deemed to have voluntarily surrendered. Among them, when committing different kinds of crimes, those who voluntarily surrender and truthfully confess some of the crimes shall be established as voluntary surrenders for the crimes truthfully confessed, and those who have not confessed shall not be established as voluntary surrenders. When committing the same number of crimes, if the same number of crimes are not punished together, and the perpetrator voluntarily surrenders and truthfully confesses the main facts of the crime, the whole case may be found to be voluntary surrender. Where only non-principal facts of the crime are confessed, although the entire case cannot be determined as voluntary surrender, it is still a discretionary circumstance for sentencing.

In a joint crime case, in addition to truthfully confessing his or her own crime, the criminal suspect shall also confess to the co-offender he knows, and the principal offender shall confess the facts of the joint crime of other co-offenders he knows. Otherwise, it cannot be considered as voluntary surrender. In particular, it should be noted that if the offender, for the purpose of covering other accomplices, premeditated surrenders to assume full responsibility for the joint crime, it cannot be regarded as a truthful confession of his crime.

Where a criminal suspect voluntarily surrenders and truthfully confesses his crime and then retracts his confession, it cannot be found to be voluntary surrender; but where he is able to truthfully confess before the first-instance judgment, it shall be found to be voluntary surrender.

(2) Conditions for the establishment of special voluntary surrenders

Special voluntary surrender refers to the conduct of a criminal suspect, defendant, or convict who is serving a sentence who has been subject to compulsory measures, truthfully confessing to other crimes that the judicial organs have not yet grasped. The conditions for its establishment are as follows:

1. The subject must be a criminal suspect, defendant, or criminal serving a sentence who has been subject to compulsory measures. It is generally believed that "compulsory measures" refer to measures taken in accordance with the provisions of the Criminal Procedure Law, such as summons, detention, release on guarantee pending further investigation, residential surveillance and arrest.

2. Must truthfully confess other crimes that are not yet known to the judicial authorities.

"Truthful confession" We have discussed in detail before, and now we mainly discuss what is "other crimes": the judicial interpretation clearly stipulates that "criminal suspects, defendants and convicted criminals who have been subjected to compulsory measures, who truthfully confess crimes that the judicial organs have not yet mastered, and who are different kinds of crimes from the crimes that the judicial organs have mastered or have been determined by the judgment, shall be considered as voluntary surrender." "In general, the distinction is made according to whether it is the same kind of crime according to the offence.

Before we said, not to voluntarily surrender, truthful confession is not considered to be self-surrender, there may be people will have doubts, that after being caught nothing to say, anyway, there is no loss, in fact, not, if the truthful confession can still strive for a lighter or mitigated punishment, this is the confession we want to say next.

Second, confess

Confession refers to the act of truthfully confessing his crime after the offender is passively brought to justice (such as being caught on the spot by judicial personnel, being twisted by the masses to the judicial organs, and other situations that do not have the circumstances of automatic surrender). There are similarities between voluntary surrender and confession: both presuppose that they have committed a criminal act; both truthfully confess their crimes after being brought to justice; and both are the circumstances of lenient punishment.

The key difference between general voluntary surrender and confession is whether or not to voluntarily surrender; general voluntary surrender is that the offender voluntarily surrenders and truthfully confesses his crime; confession is a truthful confession of his crime after passive return. The key difference between special voluntary surrender and confession is whether one truthfully confesses to other crimes that the judicial organs have not yet mastered, and if one truthfully confesses other crimes that the judicial organs have not yet mastered, one surrenders voluntarily; and if one truthfully confesses other crimes that the judicial organs have already mastered, one confesses. Therefore, voluntary surrender is more indicative of the reduced likelihood of re-offending by the offender.

Whoever truthfully confesses his or her crime may be given a lenient punishment; because he truthfully confesses his crime and avoids the occurrence of particularly serious consequences, he may be given a mitigated punishment. For example, if the kidnapper after the arrest truthfully confesses to the location of the hostage, and if the hostage is rescued by the judicial organ, the returned bomber truthfully confesses to the place where the explosives were placed, so that the judicial organs can lift the explosive device and avoid the explosion accident, the punishment may be mitigated.

Editor: Hua Shan

Producers: Feng Jingrui, Gu Shichuang

Director system: Bi Xiaofeng

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