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Reply of the Supreme People's Court on Issues concerning Whether the Allegations of a Defendant on the Nature of His/Her Acts Will Influence the Formation of Voluntary Surrender [Effective]
最高人民法院关于被告人对行为性质的辩解是否影响自首成立问题的批复 [现行有效]
【法宝引证码】

 
Announcement of the Supreme People's Court of the People's Republic of China 

中华人民共和国最高人民法院公告曾经瘦过你也是厉害


The “Reply of the Supreme People's Court on Issues concerning Whether the Allegations of a Defendant on the Nature of His/Her Acts Will Influence the Formation of Voluntary Surrender”, which was adopted at the 1312th meeting of the judicial committee of the Supreme People's Court on March 23, 2004, is hereby promulgated, and shall be implemented as of April 1, 2004.
 
《最高人民法院关于被告人对行为性质的辩解是否影响自首成立问题的批复》已于2004年3月23日由最高人民法院审判委员会第1312次会议通过。现予公布,自2004年4月1日起施行。

March 26, 2004
 
二00四年三月二十六日

Reply of the Supreme People's Court on Issues concerning Whether the Allegations of a Defendant on the Nature of His/Her Acts Will Influence the Formation of Voluntary Surrender
 
最高人民法院关于被告人对行为性质的辩解是否影响自首成立问题的批复

(No. 2 [2004] of the Supreme People's Court Adopted at the 1312th meeting of the Judicial Committee of the Supreme People's Court on March 23, 2004)
 
(2004年3月23日最高人民法院

The higher people's court of Guangxi Zhuang Autonomous Region,
 

Your Request for Instructions on Whether the Allegations of a Defendant on the Nature of Facts Will Influence the Formation of Voluntary Surrender on June 10, 2003, has been received, we hereby give the following reply upon deliberations:
 

According to the provisions of paragraph 1, Article 67 of the Criminal Law and Article 1 of the “Interpretations on Some Issues concerning the Specific Application of Laws for Handling Voluntary Surrender and Meritorious Service” of the Supreme People's Court, where a criminal voluntarily surrenders to court after committing a crime, and confesses his/her criminal acts according to the facts, it will be deemed as the voluntary surrender. And the allegations of the defendant on the nature of his/her acts do not influence the formation of the voluntary surrender.
 
     
     
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