Can the target offender surrender?

In judicial practice, after a criminal surrenders himself, he will often justify an intentional crime as a crime of negligence in a court trial, or the subjective will have no criminal intention. Whether the criminals continue to identify the confession or whether they are withdrawing confessions is also a problem often encountered in judicial practice. Withdrawing a confession is to escape the blame, and the criminals deny their crimes without any legal, factual or evidentiary basis. If criminals withdraw their confession, they will lose the requirement of truthfully confessing their crimes , and they will not be able to surrender.

However, it is necessary to distinguish between justification and confession. The justification is that the defendant expresses his views on the nature of his actions, the circumstances of the crime, the evidence of conviction and sentencing, etc., rather than denying the objective behavior he has performed, which is essentially different from the confession.. It is precisely for the above-mentioned reasons that the Supreme People s Court s Reply on Whether the Defendant s Defence on the Nature of the Act Affects the Establishment of the Confession clearly states that the automatic surrender after the crime, and the truthful confession of his crime, is the surrender. The defendant s justification for the nature of the act did not affect the establishment of the surrender.

(2) The target offenders in the criminal law generally refer to those crimes that rely on each other s criminal behavior and interdependent criminal interests, such as bribery and bribery crimes, crimes and crimes, trafficking in women, crimes of children and buying of trafficked women, and crimes of children. Regarding the subject s surrender and meritorious service, it is generally believed that when the perpetrators truthfully explain their criminal acts, the criminal acts of the target inevitably are involved. Such categorical acts still belong to the category of truthful confession of their own crimes and cannot be regarded as meritorious service. which performed. If it is the same kind of crime, it cannot be regarded as surrender.

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