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I. Introduction to the case of a fraud gang
FAN members of Department and subsequently by identifying, fancy Shaomou, the desire to cheat Shaomou money. FAN lied to Shaomou said the sale of a counterfeit money, 100 yuan to 400 yuan to buy counterfeit money, and said a number of real currency is counterfeit money given to Shaomou to Shaomou use, Shaomou use FAN to its so-called , I felt useful, and real currency goes, then so convinced of the FAN. after Shaomou FAN carry 10,000 yuan and trade, left the trading scene Shaomou found counterfeit money are in fact the so-called deep currency and white paper, found that deception, Shaomou both want to go to recover their cheated 10,000 yuan to buy counterfeit money are also worried because they have been punished, finally decided after several hesitant to report to public security organs, and accurately account for its After buying counterfeit deceived, on suspicion of fraud after the FAN was arrested, on suspicion of buying counterfeit Shaomou crime was captured.
two divergent views on the Shaomou
report truthfully explain to the public security organs of its purchase FAN fraud when counterfeit money is how the behavior of 10,000 yuan qualitative, there are three views:
first one that: Shaomou behavior should be regarded as surrendered and Meritorious Service. Shaomou though because their money is fraud report to the public security organs, but their behavior objectively report their criminal acts will be exposed to the public security organs, and to place itself under the control of the public security organ, it can be considered voluntary surrender. On the other hand, the crime was fraud after the true account of their elapsed, report the crime to others on their own, and verified, constitutes merit.
second view: Shaomou behavior should be identified as surrender, but should not be regarded as meritorious. because the factual Shaomou account of its purchase of counterfeit money is through fraud, not out of surrender, surrender. Shaomou public security organs to the identity of the victim made a report to the public security organs, their surrender has lost a prerequisite.
Third, I agree that second opinion assessment
, both the behavior of this case Shaomou constitute a surrender, but do not constitute a meritorious service. The following were to surrender, and does not constitute a meritorious composition analysis.
surrendered to the general provisions of criminal law is an important sentencing system, the system set up to surrender crime by encouraging voluntary surrender of persons, on the one hand make criminals repent, on the other hand the detection and trial of cases in a timely manner. Under the provisions of Penal Code section 67, turned himself in after committing a crime is surrendered, a true account of his offense. was to take coercive measures of criminal suspects, criminal defendants and is serving a sentence, a true account of the judiciary does not know, I have other crimes to voluntary surrender. The former case is called the general theory of criminal law turned himself in case the latter shall prevail to surrender. this case can not be established due to quasi- surrendered, it discusses only whether the conduct constitutes a general Shaomou surrendered.
under the law and the relevant criminal law theory, the establishment of the general surrender the same time meet the needs of the two conditions, one should be voluntary surrender. generally refers to the facts of crimes or criminal suspects the judiciary were not found, or that were found, but the suspect has not been questioning the judiciary, not to take coercive measures, not the people seized and turned over, take the initiative to place themselves police, prosecutorial, judicial and legal control accept the police, prosecutors, judicial review and judicial behavior. The second is to a true account, that is, after the voluntary surrender of the perpetrators, to accurately account for the fact that their main crime, common crime of criminal suspects, in addition to a true account of their crimes, accomplices should also be known confession, a principal should also be aware of the other accomplices confessed common criminal facts.
case Shaomou facts of the crime in their own and the judiciary were not found to be the case, knowing or purchase of counterfeit money have been aware of their behavior has been or is likely to violate the law, report to public security organs are still active, to place themselves under the control of the public security organs, with the disposal of the public security organs, their behavior should be regarded as Shaomou again after its purchase of counterfeit money in the confessions were truthful, is also in line with the or a true account of a focus on the perpetrator of Objective point of view. whether the perpetrator is out of sincere repentance for clemency or to, or by Shaomou FAN such fraud to be brought to justice, so as to achieve self-deception that can take the money back to her the purpose of not affect the establishment of voluntary surrender. Shaomou report can not be caused by reasons, as a basis for denial of its automatic. And Shaomou acts reported to the public security organs to FAN and objectively their cases were detected in a timely manner and tried to save a large number of judicial costs, such as Shaomou not reported, the FAN will continue to conduct fraud and others crimes, crimes against society, so Shaomou should be sure of this behavior, should be br> meritorious general provisions of criminal law is another important sentencing system, some scholars believe that the establishment of the system is utilitarianism surrendered as a precursor to the offender through the national laws of certain incentives, investigate and deal with other criminal cases, the formation of a point, a line even a net effect of the punishment of crime control to the limit, so that .
According to China's criminal law, merit is the perpetrator of crime came to light after the criminal acts of others, verified, or provide important clues for the detection of cases, and the other on the behavior of active state and society. According to criminal law 68 the first paragraph of Article provided meritorious service can be divided into three cases: First, expose others to criminal acts that can be verified; including common criminals, crime came to light accomplice in the crime other than the crime that can be verified; Second, provide important clues for solving other cases; three other meritorious service, such as to prevent others from criminal activities; assist the public security organs, including other suspects arrested accomplices; stop other crimes such as people fled.
case is to discuss Shaomou whether the conduct is meritorious expose criminal acts of others. that constitutes a meritorious act Shaomou view Shaomou crimes while in confessing a crime that revealed the FAN, and verified the composition of meritorious service in full compliance with the conditions , I believe that this view can not be established for the following reasons:
First, Shaomou the report a true account of its purchase of counterfeit money being Shaomou not a fraud against the fact, does not exceed the I am exposing the facts of the crime with another crime unrelated to the case of the facts, that account for the fact that crime than people of meritorious. if they are forced to speak out of their own within the scope of the offense, you can not recognized as meritorious. spoke of the purchase of counterfeit money case Shaomou been cheated, there are bound to involve the problem of who to buy counterfeit money, So tell FAN facts of the crime of fraud are surrendered within the scope of behavior is huge amount of counterfeit money, then the corresponding fraud perpetrator more than the offense may be sentenced to life imprisonment penalty, should identify not only the establishment of such acts constitute a surrender and meritorious service, in such assumptions, the perpetrator also has great merit and surrendered Sentencing the two, according to Article 68 of the Criminal Code, perform major meritorious service after the surrender, it shall reduce or waive penalties, but the amount of positive response to the counterfeit money to buy the subjective behavior of malignant and harmful to society, is clearly unreasonable.
Third, although the Department of Shaomou initiative report, but not the purpose of implementing this behavior is to take the initiative to report and expose their criminal acts of others Lingan subjective purpose, this behavior does not match the meritorious services of the relevant laws and regulations.
Zhang Mingkai In discussing the meritorious, the make a point: to reveal or expose others to their own criminal acts, or assist in the implementation of the judiciary and arrested for their suspected criminal acts, but also constitutes a meritorious service. both the instances: Song (Female) was arrested on suspicion of theft, in custody, and truthfully submitted to the fact that his crime of theft, when investigators asked whether the report and expose the crimes of other people, uncovered Lumou Song, Zhu its facts of the crime of rape on Song should be recognized as meritorious. that whether the case can draw on the case analysis constitutes a meritorious found Shaomou it? I do not think, although the two cases have in common: that is some ways, Shaomou and Song are the victims, but two cases are essentially different: the case of the exposed Lumou Song, Zhu facts of the crime of rape them beyond the scope of a true account of his theft, Shaomou confession of the scope is a true account, it can not copying apply.
above, report to public security organs Shaomou initiative (surrendered) and true account of their crimes and were purchased counterfeit fraud by FAN, the Department of surrender, but do not constitute a meritorious service.
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