对于已经逃往境外的人员,刑事政策应当着眼于消除在引渡、遣返或者移交方面存在的法律困难或障碍,只要他们自愿接受遣返的行为在主观上反映出其悔罪态度并且在客观上导致境外相关审查程序的终止、简化或者提前完成,即应认定具备“自动投案”的条件。不宜将有关人员在外国是否被采取强制措施或者被提起强制性法律程序作为区分自首的界限。 For those already fleeing outside the country, criminal policies should aim at eliminating legal difficulties or obstacles in the extradition, repatriation or transfer as long as their voluntary repatriation behavior subjectively reflects their attitude of repentance and objectively leads to an overseas context The censorship process should be terminated, streamlined or completed in advance, that is, it should be considered as “automatically surrendered”. It should not be appropriate to exclude persons from their coercive measures in foreign countries or to impose mandatory legal proceedings as the boundaries of surrender.