According to the provisions of China s criminal law, if a criminal suspect has surrendered, the court must reduce, lighten or exempt from criminal punishment at his discretion, so it is a legally reduced penalty.
Article 67 After the crime is committed, the person who surrenders himself will be voluntarily surrendered. Criminals who surrender can be given a lighter or lighter punishment. Where crimes are relatively minor may be exempted from punishment.
Mandatory The criminal suspects, defendants and criminals who are being sentenced to compulsory measures, who truthfully confess to their own other crimes that have not yet been grasped by the judicial organs, shall confess to themselves.
Although although the criminal suspect does not have the confession provided in the preceding two paragraphs, if he truthfully confesses his crime, he can be given a lighter punishment; if he truly confesses his crime and avoids particularly serious consequences, the punishment can be reduced.
Automatic submission. The so-called automatic committing means that the criminal commits himself to the relevant authority or individual after committing the crime and before the passive retribution, admits that he has committed a crime, and is voluntarily under the control of the investing authority or individual, waiting to explain the facts of the crime, and finally Accept the trial and judgment of the state.
He confessed his crimes truthfully. After the criminals have automatically committed their crimes, only by truthfully confessing their crimes can they prove that they have shown sincere remorse. Therefore, being able to truthfully confess his crime is an important condition for surrender.
(2) The subject of the special surrender must be the criminal suspect, the defendant and the criminal serving the sentence. The compulsory measures here refer to measures such as detention, bail pending trial, surveillance residence, detention and arrest as provided for in China s Criminal Procedure Law. The so-called criminals are those who have been sentenced by the people s court and are being executed. Only the above three kinds of people can constitute the subject of special surrender.
You must truthfully confess other crimes that you do not already have. This has two aspects: one is that the confession must be a criminal fact that has been committed by the judiciary but the judicial authorities do not yet know, do not know or have grasped it; the other is the criminal suspect, defendant and serving a sentence who have been subjected to coercive measures. The crimes confessed by the offenders differ from the crimes already in the possession of the judiciary in terms of the nature or names of the crimes.
According to the provisions of China s criminal law, if a criminal suspect has surrendered, the court must reduce, lighten or exempt from criminal punishment as appropriate, so it is a legally reduced penalty.