故意犯罪案件的被告人在案发后能够自动投案,但拒不交代自己犯罪时的主观犯意,影响案件定罪量刑的,该主观犯意应属于主要犯罪事实范畴,被告人不属于如实供述自己的罪行,对其不应认定为自首。 The defendant who intends to commit a crime can automatically surrender after the incident but refuses to account for his subjective intention to commit crimes and affects the conviction and sentencing of the case. The subjective offense should belong to the category of major criminal facts, and the defendant does not belong to the crime of truthfully confessed his own crime It should not be considered as surrender.