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【裁判要旨】行为人协助公安机关抓获其他犯罪嫌疑人的,应以协助完成时掌握之事实为标准,公平地体现协助的价值性,来综合认定行为人是否构成重大立功。至于协助完成后查证的事实,与行为人并无直接联系,依法不能认定在“功”的范围内。认定重大立功时,可能被判处无期徒刑以上刑罚,不是依法应当或者实际被判处,也不能以法定刑幅度内是否包括无期徒刑来认定,而应结合案件具体情节进行综合评价。
[Purposes of the Referee] When the perpetrator assists the public security organ to seize other suspects, the value of the assistance should be fairly reflected in the facts aided at the time of completion to determine whether the perpetrator constitutes a significant meritorious service. As for the fact that assistance is verified after verification, there is no direct connection with the perpetrator and it can not be determined within the scope of “power ” according to law. If a major meritorious service is found, the sentence may be sentenced to life imprisonment or above. It should not be judged according to law or actually, nor should it be imposed on life imprisonment within the range of legal penalty. Comprehensive assessment should be conducted based on the specific circumstances of the case.