当前,犯罪分子携款潜逃境外是我国司法机关打击犯罪的一大难题,而加拿大往往是这些潜逃人员的首选之地。中加之间没有引渡条约,所以目前还无法使用引渡的办法将逃犯缉拿归案。本案被告人正是在犯罪后逃跑,在被追捕过程中主动放弃利用加拿大司法程序滞留不归的机会,自愿接受遣返,其在主观上具备了自动投案的自动性和自愿性。其自愿接受遣返的行为直接有效地中止了司法机关的追逃行动,实现了归案接受审判的结果。所以,无论是主观上还是客观上,被告人自愿接受遣返的行为都符合法律关于自首规定的精神和实质,应当视为自动投案。 At present, the criminals who evade the transfer of money overseas are a major problem for our judicial organs in combating crime, and Canada is often the first choice for these absconded persons. There is no treaty of extradition between China and Canada, so at present there is no way to use extradition to bring fugitives to justice. The defendant in this case just flee after committing an offense. He voluntarily repatriated himself while giving up his chance of using the Canadian judicial procedure to stay or return during the process of being chased, which has the subjective and automatic nature of his voluntariness and voluntariness. Their voluntary repatriation directly and immediately suspended the pursuit of justice by the judiciary, and the verdict on trial was completed. Therefore, whether it is subjectively or objectively, the defendant voluntarily accepts repatriation in line with the spirit and substance of the law on voluntary surrender, which should be considered as an automatic surrender.