Shattered Kingdoms

When you have stunned a guard. You can not surrender to them. They will track you down and rack up more charges against you as you stun them again and again but they will not accept your surrender. Another guard will but not the now aggro guard.

Would you want the surrender of someone who just kicked your [REDACTED]? No, you'd wanna kill em.

and charge them with resisting, evading, etc etc

Id expect them to have reasonably restraint it is their job.
But aside from that they dont win, its like trying to pick a fight with a brick wall only this one is pointy and you have already been beaten up.
Ill also ask the question ... What kind of fool gets himself into a fight that likely will get themselves killed, just to see someone spend an extra day in jail, but only if the person shows mercy and doesnt kill you.
I did forget that most players of SK have the mind set to punish the merciful.

It does it as well if you try to surrender during the fight, if you dont know your wanted and you walk into town you cant give up the moment the battle starts.