Thirtieth is suspected of what the post commits a crime be being admitted his guilt actively to admit by investigation person punish, those who have one of following state, censorial mechanism classics leads personnel collective to consider, sign up for on one class censorial mechanism approval, can be in move the proposal from wide punishment offers when sending people the procuratorate:
(one) automatic a criminal give himself up to the police, of genuine contrition be repentant;
(2) cooperate actively to investigate the work, of the illegal criminality that has not mastered for narrating censorial mechanism according to the facts;
(3) positive disgorge ill-gotten gains, reduce losing;
(4) have what major render meritorious service is behaved or the case involves a country to weigh the case such as golden eggs.
This it is the is put forward to suggest from wide punishment by investigation person provision that commits a crime to be suspected of a post about censorial mechanism.
" the decision that the Central Committee of Communist Party of China is like dry major problem according to law state about be being advanced in the round " put forward, in wanting to perfect criminal lawsuit, admit his guilt admit punish from wide system. Procuratorate of regulation and a top people court, top people, the Ministry of Public Security, country is safe ministry, judiciary 2016 of print and distribute " begin criminal case to admit one's guilt about be in partial area admit punish from wide system the method of pilot job. Compasses definitive edition main purpose is to urge the reform after be being committed a crime by investigation person, will result fold a blame, the investigation that coordinates censorial office actively works, strive for lenity, reflected " after the caution before punish, cure the sickness to save the patient " spirit. In the meantime, also make a thorough investigation of smoothly for censorial mechanism the case offers advantage, save manpower material resources, improve the efficiency that turns over corrupt job.
This ought to notice to hold 8 respects content:
The first, be admitted his guilt actively to admit by investigation person punish, be in subjective on the regulation that expression violated law to can realize his deed, be willing to accept legal punish, feel to oneself doing regret, behaved be changed by investigation person evil the apiration to be apt to. Going up objectively, expression is by investigation person be repentant of automatic a criminal give himself up to the police, genuine contrition, cooperate actively to investigate the job, illegal criminality that has not mastered for narrating censorial mechanism according to the facts, positive disgorge ill-gotten gains, reduce a loss.
The 2nd, automatic a criminal give himself up to the police basically has the following kinds of state: After be being committed a crime by investigation person, guilty fact was not discovered by censorial mechanism previously; Perhaps commit a crime although the fact is discovered, but do not know He Ren place to be; Perhaps commit a crime fact and already was discovered by investigation average per capita, but have not get the inquiry of censorial mechanism, interrogatory before perhaps having notting take step taking place, perhaps be in a criminal give himself up to the police such as organization of unit, basic level actively to censorial mechanism, accept investigation. Different ground escapes after be being committed a crime by investigation person, of the censorial mechanism a criminal give himself up to the police to different ground, and be weighed because of sicken, experience by investigation person, entrust other go ahead of the rest for you of a criminal give himself up to the police, also belong to automatic a criminal give himself up to the police. Be captured in the road of some a criminal give himself up to the police be been in by investigation person, want check to belong to only solid, also belong to a criminal give himself up to the police. Some is not by investigation person a criminal give himself up to the police stem from oneself completely active, advise via relatives and friends however, send a criminal give himself up to the police by relatives and friends, also should maintain to these case for a criminal give himself up to the police. But be investigated what escape again after person a criminal give himself up to the police, cannot maintain for automatic a criminal give himself up to the police.
The 3rd, cooperate actively to investigate the job, illegal criminality that has not mastered for narrating censorial mechanism according to the facts, it is to point to be investigated after person a criminal give himself up to the police, can the requirement according to censorial mechanism, give active and actively cooperate, besides the illegal criminality that already mastered for narrating censorial mechanism according to the facts, still ought to not know for narrating censorial mechanism according to the facts, the other illegal criminality that has not mastered. The should be offerred to narrate oneself not only by investigation person criminality that collective to be suspected of post commits a crime, still should offer the collective crime fact that states the other accomplice that carries out crime jointly with its. Commit a crime to collective post, if offer the guilty fact that states the other that censorial mechanism did not master, those who accord with condition of major render meritorious service, ought to handle according to the regulation of major render meritorious service.
The 4th, "Positive disgorge ill-gotten gains, reduce a loss " , it is to point to be handed in actively to violate spoil of guilty earning illicit money by investigation person, the loss that the legitimate rights and interests that reduces country, collective and citizen may get.
The 5th, having major render meritorious service to behave is opposite at expression of average render meritorious service character, basically include: It is to be investigated the person impeach, great criminality that exposes another person, if exposed group of a crime or guilty gang, perhaps provided the important clue of concerned crime because of its, just make case of a significant crime is able to make a thorough investigation of; 2 it is to prevent another person significant crime activity; 3 it is to assist censorial mechanism to capture other and great place to commit a crime to be investigated person; 4 it is pair of countries and society have other and significant contribution to wait. Criminality indicates here, include great place criminality already, also include other criminality. Generally speaking, be committed a crime by other of investigation person impeach, exposure, offer make a thorough investigation of the important clue of other case, stop the guilty activity of other, what perhaps assist censorial mechanism to capture is other by investigation person, perhaps be committed a crime by investigation person person of suspect, the accused may be sentenced lawfully of penalty of life imprisonment above, ought to maintain behave to have major render meritorious service.
The 6th, the case involves a country to weigh golden eggs, the functionary crime case that basically includes to be involved by investigation person place matters to the country such as progress of stability of national security, society, economy the case such as significant increase.
The 7th, include to be punished lightly from the proposal of wide punishment, reduce punish and absolve punishment. "Punish lightly " , it is to point to applicable inside the extent of legal punishment be planted relative to lighter punishment or be in with shorter prison term. "Reduce punishment " , it is to show in legal minimum punishment sentences penalty below. "Absolve punishment " , it is to although already made crime,point to, but because certain reason does not sentence punishment,punish.
The 8th, censorial mechanism puts forward to suggest from wide punishment, need to study via collective, sign up for on one class censorial mechanism approval. This is to ensure decision-making process makes public justice, prevent optional sex, be helpful for giving with the legal sanction that is gotten used to by photograph of weight of investigation person responsibility for an offence, also be helpful for reflecting be investigated to what repent and start anew person the policy intent of lenity. Censorial mechanism to be being investigated the person offers the proposal from wide punishment, want to insisting to be the basis, foundation that is criterion principle with law to go up with the fact, evaluate integratedly be mixed to admit one's guilt by the guilty fact of investigation person, property, clue the manner of contrition and expression, classics collective studies and censorial mechanism approves on the newspaper one step.
Those who need an attention is, in maintain in be being admitted his guilt to know punished process by investigation person, if be investigated,the person undertakes explaining to the property of own behavior, perhaps be in offer in narrating, to some detail or the clue writes down what not be clear about or cannot say to be clear about really, cannot consider as conceal or do not cooperate to investigate the work. If the person avoids the important and dwell on the trivial or be offerred to narrate one part by investigation, still retain one share, intentional deceive pass a barrier, cannot consider as cooperate actively to investigate the work.
