英语翻译《最高人民法院关于审理自首和立功若干具体问题的意见》和《刑法修正案八》翻译成英语?
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英语翻译《最高人民法院关于审理自首和立功若干具体问题的意见》和《刑法修正案八》翻译成英语?
英语翻译
《最高人民法院关于审理自首和立功若干具体问题的意见》和《刑法修正案八》翻译成英语?
英语翻译《最高人民法院关于审理自首和立功若干具体问题的意见》和《刑法修正案八》翻译成英语?
最高人民法院关于处理自首和立功若干具体问题的意见-英文版
The supreme people's court on the processing it surrendered and issues opinion
Method: 2010 sends [60 #
Issued by the supreme people's court concerning the treatment to surrender and observing the opinions on some specific issues the notice
Provinces, autonomous regions, and municipalities directly under the higher people's court, the PLA military court, the supreme people's court of xinjiang uygur autonomous region production and construction corps sorting:
For the purpose of further regulating the observing surrendered, determination standards, verification procedures and from the punishment extent, the supreme people's court in the thorough investigation and study, solicit opinions, and on the basis of the parties were formulated it surrendered on dealing with the opinion of a certain specific problems. Hereby printed and distributed to you, please carefully organizational learning, and earnestly implement the execution. In the execution of all the problems of, please promptly report to the hospital.
The 2010 December 22, 2000
In order to regulate the judicial practice merit system to surrender and apply, better implementation of the criminal policy of tempering justice with mercy, according to criminal law, criminal procedure law and the supreme people's court on the concrete application of observing surrendered and treatment law "the explanation of some issues (hereinafter referred to as the" explanation ") and other provisions, to surrender and suggests some issues observing disposal:
One, about the "automatic surrender" concrete determination
The "explanation" article 1 paragraph (1) of the seven should be regarded as the automatic case, embodies the surrender of the criminal suspect initiative and voluntary surrender. According to the "explanation" article 1 (1) of article regulation, the criminal suspect has the following circumstances shall be regarded as the, also be automatic surrendered: 1. Crime report after the initiative, although did not show himself is ZuoAnRen, but no fled the scene, in the judicial authority asked metasomatism their crimes; 2. In the report and that others wait, capturing without resisting arrest behavior, confessed the facts of the crime; 3. Not sure in judicial organs and criminal suspects in general is regularly asked active metasomatism their crimes; 4. Because of specific illegal behavior is to take Labour reeducation, administrative detention, judicial custody, forced isolation administrative, judicial addicts, compulsory measures the executing authority during the initiative to account has not been master criminal behaviour; 5. Other meet legislative intentions, shall be regarded as the case of automatic surrenders.
Crime is not relevant departments and judicial organs found, only for suspicious after being questioned, education, active instructions shall be regarded as the facts of the crime, but the department be automatic surrenders, judicial organ in the body, carry articles, ride the place such as the traffic tools related items and found that crime, should not be considered for automatic surrendered.
After a hit-and-run protect the spot, rescue the wounded, and report to the public security organ, shall be deemed to be automatic, constitutes the U.S.A surrendered, because the behavior and department of criminal suspects to its legal obligations, whether by appropriate punishment, but strict control. Traffic escapes, and truthfully surrenders automatically after the statement of his crime, shall be deemed to be surrenders, but should be accordance with the heavier legal sentence as a benchmark, depending on whether the feeling decided to put the range from the penalty and punishment.
The criminal suspect is bound to friends means by judicial organs, or in the relatives and friends came when led investigators to catch without resisting arrest behavior, and truthfully avowed criminal facts, though can be identified as automatic surrender, but can consult the relevant provisions of the law on discretion surrendered light punishment.
Second, about "truthfully allege their crimes" concrete determination
The "explanation" article 1 first prescribed in item (2) truthfully allege their crimes, in addition to the main facts of a crime statement himself outside, still should include your name, age, occupation, address, record, etc. The identity of the criminal suspect statement with real situations such as though there are differences, but not influence conviction, shall be deemed to be truthfully allege their crimes. The criminal suspect automatically after the surrender their true identities concealed, affect its conviction, should not be considered as truthfully allege their crimes.
Suspects the same crimes carried out comprehensive consideration shall be made with the facts of a crime has not made the facts of the crime harm degree, decide whether identified as truthfully allege the main facts of a crime. Although no surrender all criminal facts account, but truthfully explaination of the circumstances of the crime on account of the circumstances of the crime, not the crime or truthfully metasomatism than not made the amount shall be deemed a criminal amount, usually for truthfully the main facts of a crime statement himself. Can't distinguish with not already made the circumstances of the crime metasomatic severity, or the crime already explaination made with not the amount, usually less crime amount quite recognized as truthfully allege the main facts of a crime himself.