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犯罪嫌疑人在监视居住期间逃跑后再投案的,是否应认定为自首?在司法实践中,存在两种意见:第一种意见认为,犯罪嫌疑人在被公安机关监视居住后潜逃,后又主动归案,其归案完全是在其本人意志的决定下自动为之,因此其行为符合“自动投案”的本质属性,其投案后如实供述了自己的犯罪事实,应当认定为自首。
Whether the suspect should surrender before he or she monitors his residence should be considered as surrender. In judicial practice, there are two opinions: the first opinion is that the suspect is absconded after being monitored and lived by the public security organ, and then takes the initiative To bring a case to justice, the filing of the case is done automatically at the sole discretion of his own volition. Therefore, his behavior is in line with the essential attribute of “automatic surrender.” After his case has been surreptitiously presented, his criminal facts should be affirmed and surrendered.