论对“协助司法机关抓捕其他犯罪嫌疑人”的理解与适用

常见的协助抓捕行为有当场指认、实际带捉、提供线索和按要求联络等,协助抓捕的对象是其他犯罪嫌疑人,应视具体情况决定其他犯罪嫌疑人是否包括同案犯。犯罪分子因交代同案犯个人信息而使得司法机关得以成功抓捕同案犯时,是否认定为协助司法机关抓捕同案犯,应考察个人信息是否在犯罪过程中使用,如果已使用就不应认定,反之则可以。而当犯罪分子交代非同案犯的个人信息时,只要这种个人信息不为司法机关所掌握就应认定为立功。

On the Understanding and Appliance of ＂Assisting the Judicial Office in Capturing Other Suspects＂

Common types that a criminal suspect assists the judicial office in capturing other suspects are the following： pointing out another criminal suspect on the spot,leading the policemen to arrest another criminal suspect,providing hiding-place clues to the policemen and telephoning another criminal in accordance with policeman＇s requirements.Whether an accomplice is another criminal suspect should be decided according to concrete conditions.Whether a criminal should be deemed to be the meritorious service should be decided by whether his personal information has been used in the course of crime if an accomplice is successfully arrested because his personal information has been exposed to police by a criminal.If it has been used,the answer is negative.When the criminal exposes the non-accomplice＇s personal information,this exposition can be thought to be meritorious service as long as this information has not been grasped by policeman.