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| Notice of the Supreme People's Court on Issuing the Opinions on Several Specific Issues concerning the Handling of Voluntary Surrender and Meritorious Behaviors | | 最高人民法院印发《关于处理自首和立功若干具体问题的意见》的通知 |
(No. 60 [2010] of the Supreme People's Court) | |
（法发〔2010〕60号） |
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; the military courts of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | |
各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
To further regulate the standards for the determination of voluntary surrender and meritorious behaviors, the procedures for verification and the extent of lenient punishment, the Supreme People's Court has formulated the Opinions on Several Specific Issues concerning the Handling of Voluntary Surrender and Meritorious Behaviors on the basis of in-depth survey and research and extensive solicitation of opinions from all communities concerned, which are hereby issued to you for your earnest compliance and implementation. Please report the problems encountered during implementation to this Court in a timely manner. | |
为进一步规范自首、立功的认定标准、查证程序和从宽处罚幅度，最高人民法院在深入调查研究、广泛征求各方意见的基础上，制定了《关于处理自首和立功若干具体问题的意见》。现印发给你们，请认真组织学习，切实贯彻执行。各地在执行中遇到的问题，请及时报告我院。 |
December 22, 2010 | |
二○一○年十二月二十二日 |
Opinions on Several Specific Issues concerning the Handling of Voluntary Surrender and Meritorious Behaviors | |
关于处理自首和立功若干具体问题的意见 |
To regulate the application of rules on voluntary surrender and meritorious behaviors in judicial practice, and better implement the criminal policy of combining leniency with rigidity, we hereby put forward the following opinions on several specific issues concerning the handling of voluntary surrender and meritorious behaviors in accordance with the Criminal Law, the Criminal Procedure Law, the Interpretation of the Supreme People's Court of Several Issues concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Behaviors (hereinafter referred to as the “Interpretation”) and other provisions. | |
为规范司法实践中对自首和立功制度的运用，更好地贯彻落实宽严相济刑事政策，根据刑法、刑事诉讼法和最高人民法院《关于处理自首和立功具体应用法律若干问题的解释》（以下简称《解释》）等规定，对自首和立功若干具体问题提出如下处理意见： |
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| I. Specific Determination of “Voluntary Surrender” | | 一、关于“自动投案”的具体认定 |
The seven circumstances which shall be deemed voluntary surrender prescribed in item (1) of Article 1 of the Interpretation reflect the initiative and voluntariness of the surrendering criminal suspect. According to the provisions of item (1) of Article 1 of the Interpretation, a criminal suspect falling under any of the following circumstances shall also be deemed to have voluntarily surrendered himself: (a) After committing a crime, the criminal suspect voluntarily reports the crime and does not flee the scene, though he fails to identify himself as the offender, and confesses the crime when he is questioned by the judicial organ; (b) The criminal suspect waits at the scene, knowing that another person has reported the crime, and does not resist arrest and confesses the crime at the time of arrest; (c) The criminal suspect voluntarily confesses a crime when the judicial organ is still conducting a general investigation without determination of the criminal suspect; (d) The criminal suspect voluntarily confesses a crime which is not known to the enforcement organ during the period of an administrative or judicial compulsory measure such as reeducation through labor, administrative detention, judicial detention or compulsory isolated drug rehabilitation for a specific violation; or (e) any other circumstance which shall be deemed a voluntary surrender in accordance with the legislative purposes. | |
《解释》 |
Where anyone whose crime has not been discovered by the relevant department or judicial organ voluntarily confesses a crime after being questioned or reprimanded merely for his suspicious behaviors, he shall be deemed to have voluntarily surrendered himself. However, if the relevant department or judicial organ finds any crime-related items from his body, from his carry-on or from the vehicle that he drives or takes, he shall not be deemed to have voluntarily surrendered himself. | |
罪行未被有关部门、司法机关发觉，仅因形迹可疑被盘问、教育后，主动交代了犯罪事实的，应当视为自动投案，但有关部门、司法机关在其身上、随身携带的物品、驾乘的交通工具等处发现与犯罪有关的物品的，不能认定为自动投案。 |
A criminal suspect, who, after causing a traffic accident, protects the scene, rescues the wounded and reports it to the police, shall be deemed to have voluntarily surrendered himself. However, since the aforesaid acts are also the statutory obligations of the criminal suspect, whether a lenient punishment shall be given and the extent of the leniency shall be properly determined based on strict standards in the case of a voluntary surrender. A criminal suspect, who, after causing a traffic accident and escaping, voluntarily surrenders himself and truthfully confesses the crime, shall be deemed to have voluntarily surrendered himself, but whether a lenient punishment shall be given and the extent of the leniency shall be determined according to actual circumstances on the basis of the heavier statutory punishment. | |
交通肇事后保护现场、抢救伤者，并向公安机关报告的，应认定为自动投案，构成自首的，因上述行为同时系犯罪嫌疑人的法定义务，对其是否从宽、从宽幅度要适当从严掌握。交通肇事逃逸后自动投案，如实供述自己罪行的，应认定为自首，但应依法以较重法定刑为基准，视情决定对其是否从宽处罚以及从宽处罚的幅度。 |
Where the criminal suspect is sent to the judicial organ by his relatives or friends by such means as binding, or does not resist arrest when his relatives or friends lead the criminal investigators to him, and truthfully confesses the crime, he may be given a lighter punishment according to the actual situations by reference to the relevant legal provisions on voluntary surrender, though his acts cannot be determined as a voluntary surrender. | |
犯罪嫌疑人被亲友采用捆绑等手段送到司法机关，或者在亲友带领侦查人员前来抓捕时无拒捕行为，并如实供认犯罪事实的，虽然不能认定为自动投案，但可以参照法律对自首的有关规定酌情从轻处罚。 |
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| II. Specific Determination of “Truthful Confession to One's Crime” | | 二、关于“如实供述自己的罪行”的具体认定 |
Truthful confession to one's crime as prescribed in item (2) of Article 1 of the Interpretation shall include not only one's major criminal facts but also his name, age, profession, address, criminal record and other information. Where the criminal suspect provides any different information regarding his identity and other status, which however does not affect his conviction and sentencing, he shall be deemed to have truthfully confessed the crime. Where the criminal suspect conceals his true identity and other information after voluntarily surrendering himself, which affects his conviction and sentencing, he shall not be deemed to have truthfully confessed the crime.
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《解释》第一条第（二）项规定如实供述自己的罪行，除供述自己的主要犯罪事实外，还应包括姓名、年龄、职业、住址、前科等情况。犯罪嫌疑人供述的身份等情况与真实情况虽有差别，但不影响定罪量刑的，应认定为如实供述自己的罪行。犯罪嫌疑人自动投案后隐瞒自己的真实身份等情况，影响对其定罪量刑的，不能认定为如实供述自己的罪行。
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