司法实践中通常被忽视的几种自首情形及其认定

Is Usually Neglected in the Judicial Practice of Several Kinds of Surrender and Recognized

自首是《刑法》规定的可以从轻、减轻甚至免除处罚的情节。准确认定自首对保护犯罪嫌疑人、被告人的合法权益十分重要。在司法实践中,由于办案人员对电话传唤到案的性质理解有误,侦查机关对犯罪嫌疑人采取到案的方式不规范,对确已准备投案或投案途中的认定过于严苛等原因,从而导致应当认定自首的几种情形普遍没有认定,进而影响对被告人的量刑。只有严格践行自首的法律规定、规范侦查机关采取的到案方式及立法明确电话传唤的性质才是解决问题的关键。

＂Criminal law＂is the surrender may be given a lighter or mitigated punishment or be exempted from punishment .Accurately determined surrender to it is very important to protect the legitimate rights and interests of the criminal suspect or defendant. In the judicial practice, because the investigators to present himself to understand the nature of phone summon, the investigation organ for criminal suspects as accomplices way is not standard, to have indeed surrenders, ready to surrender or way too harsh for such reasons, leading to surrender shall be deemed as several cases is generally not considered, Influence of sentencing on the defendant. Only practice in law strictly, standardize the investigation organ to present himself and legislation to make clear the property of phone summon Is the key to solve the problem.