■ details of a case

Niu Mou on December 30, 2006 before dawn 2 when make, in its home (Beijing stone scene is a mountainous area village of the factory that raise a horse 24) , because of go whoring old issue and Chen Mou of the injured party (female) produce conflict, 2 people are in scuffle process, niu Mou exerts oneself to do sth. clutch lives of Chen Mou cervical, after Chen Mou faints, niu Mou twines Chen Mou with the rope again cervical, chen Mou ligature leans on the central heating inside house, cause choking death of sex of Chen Mou machinery. After Niu Mou's father is informed Niu Mou to commit murder, the elder brother's wife that entrusts Niu Mou namely is hit " 110 " call the police, public security mechanism hurries to its father abode to seize Niu Mou after.

■ difference

Niu Mou whether form confess one's crime have two kinds of opinions, a kind of opinion thinks, after Niu Mou case is sent can tell guilty fact according to the facts actively, form confess one's crime. The 2nd kind of opinion thinks, niu Mou is not formed confess one's crime.

■ review analyse

, " automaticity " be make surrender requirement

Our country criminal law the 67th the first section provision: "After crime automatic a criminal give himself up to the police, confess the guilt that narrates oneself according to the facts, it is to confess one's crime " . According to this regulation, should form confess one's crime must accord with two conditions: Be a criminal give himself up to the police " automaticity " ; 2 be for what narrate " complete sex " . The author thinks, although the judicatory of top people court explains pair of a criminal give himself up to the police " automaticity " break through somewhat, but in maintain confess one's crime the subjective state of mind when a criminal give himself up to the police of the accused person is being taken no account of completely in the process does not accord with legislative original idea. The offers the guilty fact that states oneself actively to judiciary a criminal give himself up to the police behavior after law stipulates surrender meaning depends on on record of the accused person sending, absolved a judiciary to find out the many time that place of details of a case needs, energy and financial capacity to detect already, thereby managing and limited judicatory natural resources, reflect the action under the control of him park judiciary the pare of a sex of its person danger because of the accused person again.

2, maintain what whether the accused person has a criminal give himself up to the police " automaticity "

Under the case that report a case to the security authorities to public security mechanism in the relative and helps public security mechanism arrest the accused person, if guilty suspect relative has undertaken education, advise to guilty suspect beforehand, guilty suspect gives refuse, the relative reports a case to the security authorities after and assist public security mechanism to seize its, guilty suspect objects to a criminal give himself up to the police actually, because this cannot maintain its,have a criminal give himself up to the police " automaticity " . If the relative did not undertake education, advise beforehand, just guess its may not wish a criminal give himself up to the police, report a case to the security authorities to public security mechanism and assist public security mechanism to arrest guilty suspect, cent circumstance tries to treat: If guilty suspect is seized,do not revolt in the process and offer the criminality that narrates oneself according to the facts, do not object its relative as a result of its right now under the control personal park judiciary, can coordinate judiciary work, show person danger sex already was reduced greatly, accordingly but illative crime suspect has a criminal give himself up to the police " automaticity " , maintain its to hold water confess one's crime; If commit a crime suspect resist arrest or cannot offer the criminality that narrates oneself according to the facts to case hind, show its are defied transform, cannot maintain its to have a criminal give himself up to the police " automaticity " . But Niu Mou can be seized quickly, with its family member report a case to the security authorities having inseparable connection, to urge the action of this kind of place righteousness above family loyalty of the family member, should drink to Niu Mou grant to be punished lightly.
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