After surrendering, you may not necessarily be detained immediately. The decision must be made based on the circumstances of the case. According to the law, detention shall be carried out by the public security organs.
When the case handlers of the public security organ believe that it is necessary to detain a criminal suspect, they should fill out the "Request for Detention Report", indicate the situation of the criminal suspect and the reasons for detention, and submit it to the person in charge of the public security organ for review and approval, and issue it Detention warrant: When the procuratorate detains a criminal suspect, the case handler will submit an opinion, the department head will review it, and the chief prosecutor will decide, and then send it to the public security organ for execution.
When public security organs carry out detention, they should hold the "Detention Certificate" issued by the public security organs at or above the county level, show the "Detention Certificate" to the detainee, and announce their detention. Order the detainee to sign or stamp the detention warrant. If the detained person refuses to sign or seal, this should be noted.
Personnel carrying out detention may use police equipment and weapons in accordance with the law when necessary. It is illegal to fail to produce a detention warrant when detained, or to detain a person first and then apply for a new detention warrant.
Automatic "surrender" should be surrendered before the criminal is brought to justice. Such as surrendering when the criminal facts are not discovered; surrendering when the criminal facts are discovered but the criminal suspect is not identified; both the criminal facts and the criminal suspect are discovered, but the criminal suspect is not interrogated and no coercive measures are taken Measures should be taken to surrender when not being turned around by the masses; those who escape after committing a crime and surrender during the process of being wanted or pursued; if it is verified that the offender is indeed ready to surrender, or is on the way to surrender and is captured by the judicial authorities, shall also be deemed to have surrendered.
A person who escapes after taking compulsory measures and then "surrenders" cannot be regarded as an automatic surrender compared to the crime for which compulsory measures were taken. However, automatic surrender can still be established for new crimes.
For example, if A is arrested after committing the crime of robbery, and then surrenders after escaping, the crime of escaping will only be found to be voluntary surrender, but the crime of robbery will not be found to be voluntary surrender. For another example, if B is released on bail for the crime of theft, commits the crime of robbery when he flees to another place, and then surrenders to the judicial authority, and truthfully confesses the facts of the robbery, he will automatically surrender if he is only found guilty of the crime of robbery, but not if he is not found guilty of the crime of theft.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 82: The public security organs shall treat current criminals or major suspects if they have any of the following circumstances: , may be detained first:
(1) If the person is preparing to commit a crime, commits a crime, or is discovered immediately after committing a crime;
(2) The victim or someone who witnessed the crime identifies him with the crime
(3) Anyone who finds evidence of a crime around him or in his residence;
(4) Someone who attempts to commit suicide, escapes or is at large after committing a crime;
( 5) There is a possibility of destroying, forging evidence or colluding with confessions;
(6) Not telling the real name and address, and the identity is unknown;
(7) There is a possibility of committing crimes on the fly or committing crimes multiple times , suspected of serious crime in gangs.