一起交通肇事案件引发的思考

Reflection on a Traffic Accident

理论界对交通肇事以后报警并在现场等候处理，是否构成自首问题存有异议。本文根据真实案例的分析，阐释了“同本案被害人家属或被害人亲友或与双方无亲无友的第三人规劝，或查不清是否规劝的情况下，具有“被陪同”去公安机关接受询问的情形，应认定为“自动投案”。如果再如实交待了犯罪事实，应当认定为自首。”的观点。

Theorists hold dissenting views on whether it constitutes a voluntary surrender, if one waits for the processing of a traffic accident at the scene after reporting to the police. Based on the analysis of a real case, this paper explain its perspective ＂ under the condition of being persuaded by the families of the victims or the victim relatives or friends, or by a third person non - pro - free to both parties, or not be confirmed whether the persuasion is conducted, if one has ＂ been accompanied by＂ to the public security authorities for questioning of the case, it should be defined as ＂ the voluntary surrender. ＂ Moreover, if he honestly confessed the crime, it should be recognized as a surrender＂.