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Announcement of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security of Urging Fugitives to Surrender Themselves [Effective]
最高人民法院、最高人民检察院、公安部关于敦促在逃人员投案自首的通告 [现行有效]
【法宝引证码】

Announcement of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security of Urging Fugitives to Surrender Themselves 

最高人民法院、最高人民检察院、公安部关于敦促在逃人员投案自首的通告

For purposes of implementing the criminal policy combining punishment with leniency, punishing crimes in accordance with the law, safeguarding social stability, protecting the life and property safety of the people, and concurrently offering the fugitive suspects and defendants (hereinafter collectively referred to as “fugitives”) the opportunity to reform themselves and strive for leniency, the following matters are hereby announced in accordance with the relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China: 为贯彻落实宽严相济刑事政策,依法惩处犯罪行为,维护社会安定,保护人民群众生命财产安全,同时给在逃犯罪嫌疑人、被告人(以下统称“在逃人员”)改过自新、争取宽大处理的机会,根据《中华人民共和国刑法》《中华人民共和国刑事诉讼法》的有关规定,特通告如下:
I. From the date of the issuance of this Announcement to October 31, 2019, fugitives voluntarily surrendering themselves and truthfully confessing to their crimes are voluntary surrenders and may be given lighter or mitigated punishment; and those committing a relatively minor crime may be exempted from punishment.   一、在逃人员自本通告发布之日起至2019年10月31日前自动投案,如实供述自己的罪行的,是自首。可以依法从轻或者减轻处罚;犯罪情节较轻的,可以依法免除处罚。
II. Fugitives may request another person to surrender them on their behalf with a failure to surrender themselves within the prescribed time limit due to objective reasons. Fugitives shall be deemed to have voluntarily surrendered themselves if they voluntarily surrender themselves in the process of being wanted and pursued for capture after their escape, or it is verified to be true upon investigation that they have prepared to surrender themselves or are on the way to surrender themselves when being arrested by the public security organ.   二、由于客观原因,本人不能在规定期限内到司法机关投案的,可以委托他人代为投案。犯罪后逃跑,在被通缉、追捕过程中,主动投案的,经查实确已准备去投案,或者正在投案途中,被公安机关抓获的,视为自动投案。
III. Fugitives' relatives or friends shall actively persuade them to surrender themselves as soon as possible. Fugitives shall be deemed to have voluntarily surrendered themselves if they surrender themselves with their relatives or friends as company after such persuasion, or their relatives or friends voluntarily turn fugitives in and then send them to the police.   三、在逃人员的亲友应当积极规劝其尽快投案自首。经亲友规劝、陪同投案的,或者亲友主动报案后将在逃人员送去投案的,视为自动投案。
IV. Fugitives who have a meritorious act such as exposing any crimes of others which is verified to be true upon investigation, or providing important clues which lead to the solution of other cases or actively providing assistance in capturing other fugitives may be given a lighter or mitigated punishment; and may be given a mitigated punishment or exempted from punishment according to the law in the case of a major meritorious act.   四、在逃人员有检举、揭发他人犯罪行为,经查证属实的,以及提供重要线索,从而得以侦破其他案件,或者有积极协助司法机关抓获其他在逃人员等立功表现的,可以依法从轻或者减轻处罚;有重大立功表现的,可以依法减轻或者免除处罚。
V. Fugitives shall have a clear understanding of the situation, cherish the opportunity, and surrender themselves as soon as possible to get a lenient punishment. For those who refuse to surrender themselves within the prescribed time limit, judicial authorities shall severely punish them in accordance with the law. No one may provide fugitives with any hiding place, property or means of transportation, divulge information to them, conceal them by falsifying evidence, or otherwise facilitate their escape. If it is verified to be true that the conduct is criminally punishable, the offender shall be held criminally liable in accordance with the law.   五、在逃人员要认清形势,珍惜机会,尽快投案自首,争取从宽处理。在规定期限内拒不投案自首的,司法机关将依法惩处。任何人不得为在逃人员提供隐藏处所、财物、交通工具,为其通风报信或者作假证明包庇,或者提供其他便利条件帮助其逃匿。经查证属实,构成犯罪的,将依法追究刑事责任。
VI. Citizens who know the conditions or information of fugitives shall be obliged to report and expose them to the judicial authorities. The judicial authorities shall protect the persons reporting and exposing such conditions or information and keep such conditions or information confidential. Those who threaten or retaliate against informants or accusers shall be held criminally liable in accordance with the law if the threat or retaliation is criminally punishable. 卧槽不见了  六、凡知悉在逃人员情况、信息的公民,都有义务向司法机关检举揭发。司法机关将对检举揭发人员依法予以保护和保密。对威胁、报复举报人、控告人,构成犯罪的,依法追究刑事责任。
VII. This Announcement shall come into force on the date of issuance.   七、本通告自发布之日起施行。
Supreme People's Court 最高人民法院
Supreme People's Procuratorate 最高人民检察院
Ministry of Public Security 公安部
July 23, 2019北京大学互联网法律中心 2019年7月23日
     
     
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