对于逃往境外人员归案后整个刑事过程的处理情况，我国现并未有专门的文章就该问题进行整体分析，仅是针对在国内及国际上有较大影响的个案进行报道和理论研究，譬如杨秀珠案、李华波案等。个案的分析当然有其自身的代表性，但局限性较大，说服力不够。对逃往境外人员归案后整个刑事过程的处理情况进行全面、系统的分析研究，能够真实、客观的反应出该问题的司法现状，更具有代表性和说服力,同时为我国国际追逃追赃工作提供理论和数据支撑。本文通过中国裁判文书网及公开报道，共收集到逃往境外人员刑事处罚生效文书 332 份。对 332 份文书进行实证研究，以到案方式、强制措施适用、刑事判罚三个阶段为切入点，反映出逃往境外人员归案后在刑事追诉关键节点的真实情况。

第一部分，对逃往境外人员到案方式进行统计和分析，将到案方式区分为自首和非自首，并根据逃往境外人员特殊的到案方式，将自首的认定又进一步区分为“典型性自首”和“非典型性自首”；

第二部分，对逃往境外人员强制措施适用情况进行统计和分析，具体分为回国投案人员强制措施适用情况和被押解回国人员强制措施适用两大类，并进行对比，反映出到案方式、退赃退赔对强制措施适用的影响；

第三部分，对逃往境外人员刑事判罚情况进行分析，同样具体分为回国投案人员和被押解回国人员两大类，并进行对比。同时以贪污贿赂犯罪为切入点，引入非逃往境外人员刑事判罚情况作为对比，反映出两者刑罚适用的异同。在刑期判罚后，是否进行刑期折抵问题上，提出应当区分不同的情形进行刑期的折抵；另将对逃往境外人员的刑罚判罚情况进行整体分析，作出趋势图，反应出刑罚走势情况。

最后，对上述情况进行总结，得出回国投案的逃往境外人员，无论是在强制措施适用还是在刑事判罚上，相较于被押解回国的人员和与回国投案人员具有相同情节的非逃往境外人员，其取保候审适用门槛低且刑事判罚轻的结论。

As for the whole treatment of criminal proceedings after the return of prisoners fleeing abroad, there are no special papers in China to carry out overall analysis of this issue but only reports and theoretical studies on cases which have great influence at home and abroad, such as Yang Xiuzhu case, Li Huapo case and so on. The case analysis does have its own representative, but it is more limited and not persuasive enough. The comprehensive and systematic analysis of the whole treatment of criminal proceedings after the return of prisoners fleeing abroad can truly and objectively reflect the judicial actuality of the issue, which is more representative and persuasive, and it provides theoretical and data support for the international pursuit of fugitives and stolen goods in China. In this paper, a total of 332 effective legal documents of criminal punishment for prisoners fleeing abroad have been collected through the China Judgements Online and public reports. This paper conducts empirical analysis on 332 documents and takes three stages of the manners of being present court, application of compulsory measures and criminal penalty as the breakthrough points, which reflects the real situation in the key points of criminal proceedings after the return of the prisoners fleeing abroad.

In the first part, statistics and analysis are carried out on the manners of being present court for the prisoners fleeing abroad, and the manners are divided into voluntary surrender and non-voluntary surrender. Then the author further distinguishes the identification of "voluntary surrender" as "typical voluntary surrender" and "atypical voluntary surrender" according to the special manner of being present court for prisoners fleeing abroad, and makes a further exposition on the distinction of this situation.

In the second part, statistics and analysis are carried out on the application of compulsory measures for the prisoners fleeing abroad, which is divided into two categories: the application of compulsory measures for the surrendered prisoners returning back to China and the application of compulsory measures for the prisoners escorted back to China. The comparison of the two categories reflects the influence of the manners of being present court and refund of stolen goods and compensation on the application of compulsory measures.

In the third part，analysis are carried out on the criminal penalty for the prisoners fleeing abroad, which is also divided into two categories: the surrendered prisoners returning back to China and the prisoners escorted back to China. And the two categories are compared. And the author takes the crime of corruption and bribery as the breakthrough point, and compares the criminal penalty of the prisoners non-fleeing abroad, which reflects the similarities and differences in the application of the penalty. At the same time, on the issue of whether to carry out the subtraction of imprisonment term after sentencing, it is suggested that the the subtraction of imprisonment term should be made according to different situations. In addition, the situation of penalty of prisoners fleeing abroad is analyzed as a whole, and the trend IIchart is made to reflect the situation of penalty trend.

Finally, the following conclusions are drawn after summarizing the above situations: Compared with the prisoners escorted back to China and the prisoners non-fleeing abroad with the same criminal circumstances as the surrendered prisoners returning back to China, the surrendered prisoners returning back to China have a lower applicable threshold of bail application and a lighter criminal penalty whether in the application of compulsory measures or in the criminal penalty.