If a person truthfully confesses his crime within the prescribed surrender period, and the crime is minor and does not cause great harm to society, he may not be detained; among them, if the crime is minor, he may be exempted from punishment. If the person surrenders and has meritorious service, he may be given a lighter or mitigated punishment; if he surrenders and has a major meritorious service, he may be given a lighter punishment or be exempted from punishment in accordance with the law. The following situations can also be regarded as surrender:
(1) The fugitive criminal suspect entrusts another person to surrender on his behalf or surrenders by letter, telegram, etc., accepts interrogation by the public security agency and can truthfully confess the crime;
(2) The fugitive criminal suspect is accompanied by his family members, is brought to justice, or voluntarily surrenders, and meets the conditions for truthfully confessing the crime;
(3) The fugitive criminal suspect reports to the police Organizations and units other than the public security and judicial organs surrender to the police and truthfully confess their crimes.
2. After the criminal suspect surrenders, according to the nature and circumstances of the crime, as long as the circumstances of not pursuing criminal responsibility are met, the public security organ may make a decision to withdraw the case in accordance with the law.
Thirdly, for those who may be sentenced to fixed-term imprisonment or less but will not pose a social danger, the public security organs can release them on bail pending trial or place them under residential surveillance, and make suggestions to the procuratorate and court for lenient, reduced or exempted punishments. ; Based on the circumstances of the case, the People's Procuratorate may make a decision not to prosecute to the People's Court, or the People's Court may decide not to prosecute based on the circumstances of the case. A suspended sentence or exemption from punishment may be issued.
How to impose a sentence if a corpse is burned and the suspect surrenders?
Burning a corpse is an act that cannot be punished afterwards and only constitutes intentional homicide, but it may be punished as the circumstances of the sentencing increase. Aggravated. Voluntarily confessing the facts of a crime after being caught does not constitute surrender, but it does constitute a confession. According to the latest provisions of the "Criminal Law Amendment (8)", although there is no circumstances of surrender, but a person truthfully confesses the facts of the crime (confession), he can be given a lighter punishment, but he can only follow the type, and the court may not necessarily give him a lighter punishment.
The crime of intentional homicide shall be punished by a fixed-term imprisonment of not less than ten years, life imprisonment or the death penalty. If the circumstances are relatively minor, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years. Therefore, the sentence in this case is more likely to be more than 10 years, especially life imprisonment or the death penalty. Luliang County persuades robbery suspects to surrender
Those suspected of robbery may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and also fined. The specific sentencing depends on the circumstances.
Article 263 of the "Chinese People's Liberation Army and National Criminal Law" Whoever robs public or private property by violence, coercion or other methods shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined ; Whoever commits any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined or have property confiscated:
(1) Entering a house to rob;
( 8) Robbery of military supplies or emergency, disaster relief, or relief supplies. What procedures and how long does it take for a criminal suspect to be arrested?
Hello
First of all, if it is criminal detention, the following procedures will be followed:
1. Self-criminal detention Within 37 days from the next day of detention, the person will be released on bail pending trial or submitted to the procuratorate for approval of the arrest;
2. If the arrest is granted without approval and released on bail pending trial, a final conclusion will be made within one year; after the arrest is approved, the follow-up investigation stage will be entered. Generally, 2 months;
3. After the arrest, after the follow-up investigation is completed, it will enter the procuratorate review and prosecution stage, and the time limit is 1 and a half months; however, the procuratorate can return for supplementary investigation, up to 2 times, one month each time, Recalculate the review and prosecution period;
4. If the review and prosecution is completed and the pursuit is not pursued, the person will be released on bail pending trial; if the pursuit is sent to the court for trial, the court trial period will be 2-3 months; the court trial period will be 2 -3 years.
If the court trial period is between 2 and 3 months, excluding the procuratorate's application to extend the trial period, it can be extended up to 2 times, each time extended by 1 month, and the court trial period will be recalculated.
The second is in the case of arrest, and then goes through the above 2-4 procedures.
Criminal suspects who surrender can directly apply for release on bail pending trial
If you can apply for release on bail pending trial, you will decide whether to approve the filing of the case. Instead of surrendering, he will be released on bail pending trial.
Article 65 of the "Criminal Procedure Law of the People's Republic of China" The people's courts, people's procuratorates and public security organs may release criminal suspects and defendants on bail pending trial under the following circumstances:
(1) Those who may be sentenced to public surveillance, criminal detention, or independent additional penalties;
(2) Those who may be sentenced to fixed-term imprisonment of more than one year, and being released on bail pending trial will not cause any consequences
(3) If a person is suffering from a serious illness, cannot take care of himself, is pregnant or is breastfeeding his or her own baby, the person who is released on bail pending trial will not pose a social risk;
(4) The detention period has expired and the case has not yet been concluded, and it is necessary to be released on bail pending trial.
Release on bail pending trial shall be decided by the public security organ. What kind of criminal suspects need to have their fingerprints recorded?
Only criminal suspects who are about to be sent to the detention center should have their fingerprints, palm prints, and blood test types recorded. They stand against a background with scale marks and hold their name tags for photos. One on each front. This is for archival purposes. For those who have been released from prison, the local police station must create a file for the person under supervision, and also record fingerprints, palm prints, blood type, and photos.
What procedures need to be followed for the mass transfer of a criminal suspect
Hello,
There is no need to go through the summons and other procedures for the transfer of a citizen, but the criminal suspect must be interrogated. The person's transcript indicates how they arrived at the crime, and then asked the public to send a copy of the transcript to help prove how the suspect came to the case.
Article 63 of the "Criminal Procedure Law" stipulates that if a citizen has any of the following circumstances, he or she may immediately lodge a complaint with the public security organ, the People's Procuratorate or the People's Court: 1. The person is committing a crime or is discovered after committing a crime. ; 2. Wanted; 3. Escaped; 4. Being hunted.
Citizens who capture persons under legal circumstances must immediately hand them over to the public, procuratorate, and law enforcement agencies. Therefore, whoever captures the above-mentioned persons shall not be subject to delay, unauthorized detention or unlawful interrogation.
The public security organs, people's procuratorates, and people's courts should accept the persons submitted by citizens, interrogate them immediately, and then decide who will handle the case according to the division of jurisdiction among the public, prosecutorial, and judicial organs. If the matter does not fall under the jurisdiction of this agency, it will be transferred to the agency with jurisdiction in accordance with the law. If the matter is not under the jurisdiction of this agency but emergency measures need to be taken, emergency measures should be taken first and then transferred to the relevant agency. If it is found that the conditions for detention or arrest are insufficient, the transfer situation should be explained to the citizens, their ideological work should be done well, and then they will be transferred and released.
At the same time, public security and judicial organs must be warned not to retaliate against deported persons, otherwise they will be held legally responsible. Public, prosecutorial and legal personnel should praise and encourage the repatriated personnel with meritorious service in order to promote righteousness and inspire the masses to fight against illegal crimes. Does a criminal suspect who waits at a crime scene knowing that others report a crime count as surrender?
Hello:
According to the provisions of the judicial interpretation, if a criminal suspect waits at a crime scene while knowing that others have reported a crime, does it count as surrender?
, regarded as surrender. What procedures do the police need to follow after arresting a criminal suspect in a different place to bring him back to the place where the crime occurred?
First of all, there is no off-site law enforcement. In a different place, you can only cooperate with the local public security agency and go to the local area with a letter of introduction from the unit and a cooperative investigation report. The public security organs will communicate and the local public security organs will detain the captured criminal suspects in the detention center and then go through the transfer procedures from the detention center.
When the police car chases the suspect, and the suspect claims to have been robbed, does this count as surrendering?
If the target followed by the police car is a criminal suspect, it does not count as surrender. If the criminal suspect followed by the police car has nothing to do with another criminal suspect, and the criminal suspect confesses due to weak police force, it can be regarded as surrender. Surrender yourself.
Please note this.