治安转刑事案件“自动投案”的认定分歧与规范化建议

Differences in the Identification and Standardization of"Voluntary Surrender"in Public Security Transferred Criminal Cases

对于治安转刑事案件,“自动投案”认定时应当以哪次到案经过为准一直存在争议,但从“自动投案”的含义、自首的本质及行刑衔接的角度来看,治安案件到案情况理应作为“自动投案”的考量因素。认定“自动投案”时应将投案的自由性、主动性、自愿性作为核心标准。

For the criminal cases which is transferred from public security cases,there is a dispute about which process of surrender should be taken as the criterion when concluding the"voluntary surrender".However,from the perspective of the meaning and the nature of"voluntary surrender",and the connection of criminal law and administrative law,the active surrender of public security cases should be taken as a critical factor.The freedom,initiative and voluntariness should be taken as the most important standards in the identification of"voluntary surrender".