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最高法认为,犯罪嫌疑人被亲友采用捆绑等手段送到司法机关,或在不明知的情况下被亲友带领侦查人员前来抓获的,不宜认定为自动投案。但对这种“大义灭亲”行为应充分肯定,量刑时可酌情从轻。疑犯被亲友捆绑送至司法机关,即使其如实供认犯罪事实,也不能认定为自首,但可以酌情从轻处罚;交通肇事逃逸后自动投案,如实供述自己罪行的,应认定为自首。近期,最高法发布《关于处
The Supreme Law believes that the suspects were sent to the judiciary by their relatives and friends by means of bundling or other means, or they were captured by their relatives and friends when they were unknown. They should not be considered as automatic surrender. However, this kind of “righteous off” should be fully affirmed, when sentencing discretion. Even if the suspect is confiscated by relatives or friends and sent to the judicial organ, he can not be surrendered even if he truthfully confess the crime, but he can be punished leniently if it is appropriate. When a crime is escaped and the crime is surrendered, his crime should be confessed voluntarily. Recently, the Supreme Court released "About Department