余罪自首成立要件解析

成立余罪自首的主体为被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯。认定余罪自首的重点不在于犯罪人是否被剥夺了人身自由 ,而在于交代的是否是“余罪”。余罪自首成立的客观要件为“如实供述司法机关还未掌握的本人其他罪行” ,无论该罪行与司法机关已掌握的或判决确定的罪行属同种还是异种 ,只要其可以单独构成犯罪 ,就应认定为自首。

Analyzing the Establishing Requirements of Confession of Remaining Crimes Undiscovered

The subjects of confession of remaining crimes undiscovered are the criminal suspects, the accused in custody, and the criminals serving sentences. What counts for determining the confession of remaining crime undiscovered is not whether the criminal offenders have been deprived of freedom, but what has been confessed is the "remaining crime". The objective requirement for establishing the remaining crimes is "to give true confession of one's other criminal act undiscovered by judicial organizations." It does not matter whether the criminal act in question is the same or different from the ones that the judicial organizations have mastered or determined through judgment. If only it constitutes a separate crime, it shall be determined as a voluntary confession.