In order to severely crack down and punish cross-border crimes according to law, maintain social order and stability, and protect people's lives and property. According to the criminal policy of combining leniency with severity, people involved in key fraud who have been detained abroad are given the opportunity to turn over a new leaf and fight for leniency. According to the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Public Security Administration Punishment and the Law of People's Republic of China (PRC) on Exit and Entry Administration, the notice is as follows.
1. The applicable time limit of this notice is from the date of promulgation to June 30, 2023.
2. The key persons who stay abroad for fraud mentioned in this circular include: those who leave the country with certificates and fail to return after the time limit, those who cross the country (border) illegally, those who are suspected of organizing others to cross the country (border) illegally, and those who engage in cross-border illegal and criminal activities such as telecommunication network fraud, gambling, smuggling, drug trafficking and helping information network crimes.
Third, criminals who are still stranded abroad voluntarily return to China and surrender themselves within the time limit stipulated in this circular, or contact the local party Committee and government and public security organs through their families in time to return to China and surrender themselves, and truthfully confess their illegal acts, they can be given a lighter or mitigated punishment according to law; If the circumstances are minor, punishment may be exempted; If the circumstances are obviously minor and the harm is not great, it shall not be deemed as a crime.
4. Criminal suspects who have rendered meritorious service, such as exposing other people's criminal acts, which are verified by investigation, or providing important clues to enable them to solve other cases and successfully persuade the main persons involved to stay abroad, may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment.
Five, the backbone personnel involved in fraud stranded abroad should recognize the situation, cherish the opportunity and return to China as soon as possible. Those who commit illegal and criminal acts should surrender themselves as soon as possible and strive for leniency. Relatives of the stranded personnel should actively cooperate with the Party committee and government and the public security organs, timely contact and urge the key personnel involved in fraud stranded abroad to return to China through normal channels as soon as possible. The public security organs will resolutely take effective measures to arrest and bring to justice the key people involved in fraud who continue to stay abroad or break through the customs or illegally enter (border) during the notice period, and severely punish them according to law.
6. No unit, organization or individual may provide hiding places, property or means of transportation for key personnel involved in fraud abroad, or provide tips or false certificates to cover them up, or provide other convenient conditions to help them escape. If it is verified and constitutes a crime, criminal responsibility will be investigated according to law.
Seven, encourage the broad masses of the people to actively report cross-border illegal and criminal clues, directly capture or assist the public security organs to capture and persuade the return of key fraud personnel detained abroad (except the immediate family members of key fraud personnel detained abroad), and reward them according to relevant regulations. Those who threaten or retaliate against informants shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. This is a message for you.
First, can the public security organ take the initiative to surrender after being summoned by telephone?
If a criminal suspect arrives at the case with a summons card and truthfully confesses his crime, it can generally be considered as surrender. According to the law, a person who voluntarily surrenders after committing a crime and truthfully confesses his crime is a surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted. If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself. Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
Second, what should I do if I am wanted?
Wanted. You should turn yourself in as soon as possible. Surrender refers to the act of voluntarily surrendering after committing a crime and truthfully confessing one's crime to the public security, judicial organs or other relevant organs. Criminals must truthfully confess their crimes and truthfully confess all their crimes, which is the basic condition for the establishment of voluntary surrender. According to relevant regulations, criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted. If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself. Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding paragraph, but truthfully confesses his crime, he may be given a lighter punishment; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
Third, during the epidemic, whether to return to China to surrender is to isolate or advance to the detention center.
During the epidemic, surrender, isolation and detention were carried out at the same time. Escaping after committing a crime and voluntarily surrendering himself in the process of being wanted and pursued; If it is verified that it is really ready to surrender, or if it is captured by the public security organ on the way to surrender, it will be regarded as voluntary surrender. Relatives and friends of criminals should actively persuade them to return to China as soon as possible and surrender themselves. Those who are persuaded and accompanied by relatives and friends to surrender, or those who send criminals to surrender after reporting the case voluntarily and truthfully confess the facts of the crime, are deemed to have surrendered themselves.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 3 of the Notice on Persuasion of Detainees in North Myanmar
People stranded in northern Myanmar should clearly understand the situation, cherish the opportunity, surrender themselves as soon as possible and strive for leniency. Those who refuse entry and surrender themselves will be severely punished by judicial organs according to law.