论文部分内容阅读
被带走协助调查期间主动交代办案机关不掌握的罪行,能否认定自首?编辑同志:我丈夫在广东某国有公司任总经理,2014年11月省纪委的工作人员到公司将我丈夫带走协助调查,在接受调查的第3天,我丈夫主动交代曾利用职务便利,在经济往来中收了张三、李四给的业务回扣费52万元,这个情况纪委事先并不知道,现在案件已经到了法院。请问我丈夫的行为是不是自首,如果是自首,可能会判多少年?佛山陈女士陈女士:你好,首先,按照《中华人民共和国刑法》第六十七条第一款的规定,自首需要具备两个法定条件,一是自动投案,二是如实供述自己的罪行;按照2009
Was taken away to assist in the investigation during the initiative to account for crimes not handled by the case handling agency, can be found surrender? Editor: my husband in Guangdong as a state-owned company as general manager, November 2014 Provincial Commission for Discipline Inspection to the company to my husband away Assisting in the investigation, on the third day of the investigation, my husband took the initiative to explain that he had used his position to facilitate the receipt of the business rebate fee of 520,000 yuan from Zhang San and Li Si in economic exchanges. The Commission for Discipline Inspection did not know this in advance. In the present case Has come to the court. Will my husband’s behavior is not surrendered, if it is surrendered, may sentence how many years? Foshan Ms. Chen Ms. Chen: Hello, first of all, in accordance with “Criminal Law” of Article 67 of the first paragraph, surrendered themselves need Have two statutory conditions, one is automatically surrendered, the second is truthfully confessed his crime; in accordance with 2009