You can search far and wide without finding it, but the thief crying "stop thief" ends up in the net.
Compiled from: The Paper, Procuratorial Daily
Case review
"Did I encounter a phone scam?" After receiving a call from the 'Wuhan police,' a woman named Wang, working in Huai'an, Jiangsu, went to the local police station to report it.
Police investigation revealed that the call Wang received was not a scam; she was indeed under online pursuit by Wuhan police for suspected fraud. Wang has now been handed over to the Wuhan police for handling.
In the early hours of the 6th, Wang, who claimed to be from Shaanxi, went to the Xiba Police Station in Huaiyin District to report, stating that she had come to Huai'an to work alone a year ago. That night, she received a phone call from someone claiming to be a Wuhan police officer, saying that she had been listed as an online fugitive and inquiring about her exact whereabouts. The police at the station checked and found that she was indeed an online fugitive, and took her into custody. During interrogation, Wang admitted that last year she, along with others, fabricated the 'effects' of health products, defrauding over a hundred elderly people in multiple provinces and cities, gaining more than 700,000 yuan. She was placed on an online wanted list by Wuhan police in June this year. Since Wang had already resigned when the gang case occurred, she did not know she was being sought online and thought she would not be held legally responsible, ultimately walking into the police station and 'throwing herself into the net'.
"Criminal Law of the People's Republic of China"
Article 67 [Voluntary Surrender]
Surrender voluntarily after committing a crime and truthfully confess one's own crimes constitutes voluntary surrender. Criminals who voluntarily surrender may be given a lighter or mitigated punishment. Among them, those whose crimes are relatively minor may be exempted from punishment.
Criminal suspects, defendants, and prisoners who are subjected to compulsory measures and truthfully confess other crimes of their own that have not yet been known by the judicial authorities shall be considered as voluntary surrender.
Although a criminal suspect does not have the circumstances of voluntary surrender as provided in the preceding two paragraphs, if he or she truthfully confesses his or her own crimes, a lighter punishment may be imposed; if, due to such truthful confession, particularly serious consequences are avoided, a mitigated punishment may be imposed.
Interpretation on Several Issues Concerning the Specific Application of the Law in Handling Voluntary Surrender and Meritorious Service
Article 1
According to the first paragraph of Article 67 of the Criminal Law, if a person surrenders voluntarily after committing a crime and truthfully confesses their own crime, it is considered voluntary surrender.
(1) Voluntarily surrendering refers to the act of a suspect of a crime, or the facts of a crime, not being discovered by judicial authorities, or even if discovered, the suspect has not been interrogated or subjected to compulsory measures, actively and directly surrendering to the public security organ, the people's procuratorate, or the people's court.
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[1] The author's perspective
Some netizens can't help but ask, in this situation, can a certain online king still qualify for voluntary surrender?
According to the above laws, regulations, and judicial interpretations, if Wang simultaneously meets both conditions of voluntarily surrendering and truthfully confessing his own crimes, it can constitute a voluntary surrender.
The Supreme People's Court has clarified through case guidance that situations where someone is notified by phone to appear in court are considered voluntary surrender. The guiding case issued by the Supreme People's Court (the Wang Chunming theft case) pointed out that Wang Chunming turned himself in after receiving the summons and truthfully confessed to the crime, which was recognized as voluntary surrender. Because the verbal notice from the public security authorities is not a coercive measure stipulated in the Criminal Procedure Law, at this time the personal freedom of the criminal suspect has not been restricted, he can choose not to appear, or even choose to escape. Therefore, his proactive decision to appear for investigation demonstrates the voluntariness of surrender, which constitutes a voluntary surrender. Moreover, voluntary surrender does not require the criminal suspect to have subjective awareness.
In summary, although Wang in this case went to the local police station due to a misunderstanding, if he truthfully confesses his criminal behavior, it can constitute voluntary surrender.
