【裁判要旨】被告人作案后受伤无法脱逃,为了自救,让路人报警,不可以视为自首。二审期间,检察院建议发回重审,应分两种情况区别对待:一是检方提出主要事实清楚,非主要事实不清的,二审法院可以不发回重审;二是检方认为基本事实不清,证据不足的,二审法院一般应当发回重审或查清事实后改判。 The main purpose of the referee After the accused were injured in the crime can not escape, in order to help themselves, so passers-by alarm, can not be regarded as surrender. During the second instance, the procuratorate suggested sending back a retrial and should be treated in two different ways: First, the prosecution made clear that the main facts are clear and the non-main facts are not clear; the court of second instance may not send back the retrial; second, the prosecutors think the basic facts are not clear If there is not enough evidence, the court of second instance should generally send the case back to the court for retrial or find out the facts before committing the case.