论自首

On Voluntary Surrender

自首的成立需具备两个条件 ,即自动投案和如实供述自己的罪行 ;被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯 ,如实供述司法机关还未掌握的本人其他罪行的 ,以自首论 ;广义的坦白包括自首 ,狭义的坦白不包括自首 ,二者各具质的规定性 ;自首从宽是我国刑法规定的一项重要刑罚制度 ,也是惩办与宽大结合政策的具体体现之一。

Two conditions of voluntary surrender are surrendering oneself to the police and confessing one's crime.The act of a forced suspect,a defendant or a termer who can confess the guilt to the police that isn't detected is regarded as voluntary surrender .Avowing in broad sense includes voluntary surrender while the avowing in narrow sense doesn't .They are two phenomena which have respective provision by law in quality.Lesser punishment because of voluntary surrender is one of the important punishments of criminal law in our country,and it is also the specific reflection of punishment and Lenienty in treatment.