The crime of dereliction of duty refers to the behavior of state functionaries who are seriously irresponsible, fail to perform or fail to perform their duties seriously, resulting in heavy losses to public property, the interests of the state and the people.
(a) the main body
The subject of this crime is a special subject, that is, only people with the status of state organs can become the subject of this crime. State organs refer to state power organs, administrative organs at all levels and judicial organs at all levels. Therefore, the staff of state organs refer to those who are engaged in official duties in people's congresses and their standing committees, people's governments at all levels, people's courts at all levels and people's procuratorates according to law.
(2) Subjective aspect
The subjective aspect of this crime can only be negligence, that is, the actor, as a staff member of state organs, should perform his duties wholeheartedly and always keep necessary attention when performing official duties. However, if the actor is at fault or overconfident, he should have foreseen but did not foresee that his dereliction of duty may cause great losses to public property, the interests of the state and the people, or he could have foreseen and trusted to avoid it.
(3) Object
The object of this crime is the normal management order of state organs.
(4) objective aspects
Objectively, this crime is manifested in the serious irresponsibility of the staff of state organs, failure to perform or failure to perform their duties seriously, resulting in heavy losses to public property, the interests of the state and the people. The so-called dereliction of duty means that the actor is seriously irresponsible, fails to perform or fails to perform his duties seriously.
Second, punishment.
Article 397 Crime of Abuse of Power Crime of Dereliction of Duty Any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail.
Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.
Three. Interpretation of other circumstances specified in Law [2007] 1 1:
Article 3 Where a functionary of a state organ abuses his power and, in any of the following circumstances, the number of stolen, robbed, defrauded or robbed motor vehicles cannot be registered, and the number reaches more than three or the total value reaches more than 300,000 yuan, he shall be convicted of abuse of power in accordance with the provisions of the first paragraph of Article 397 of the Criminal Law and sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) knowing that the registration procedures are incomplete or do not meet the requirements of the motor vehicle and go through the registration procedures;
(two) knowing that the motor vehicle registration procedures are incomplete or do not meet the requirements, but still guiding others to handle them;
(3) Violating regulations or instructing others to change or exchange vehicle files in violation of regulations;
(four) other acts of abuse of power.
State functionaries who are negligent or lax in examination, resulting in theft, robbery, fraud or looting of registered motor vehicles, the number of which reaches more than five or the total value reaches more than 500,000 yuan, shall be convicted of dereliction of duty in accordance with the provisions of the first paragraph of Article 397 of the Criminal Law and sentenced to fixed-term imprisonment of not more than three years or criminal detention.
State functionaries who commit acts specified in the preceding two paragraphs, resulting in the number and amount of motor vehicles stolen, robbed, defrauded or robbed reaching more than five times the standard specified in the preceding two paragraphs respectively, or who go through the registration formalities knowing that they are stolen, robbed, defrauded or robbed, belong to the "especially serious circumstances" specified in the first paragraph of Article 397 of the Criminal Law, and are sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Any functionary of a state organ who engages in malpractices for personal gain and commits the above acts, which constitutes a crime, shall be convicted and punished in accordance with the provisions of the second paragraph of Article 397 of the Criminal Law.
Fourth, the relevant punishment circumstances
1, "causing great losses to public property, the interests of the state and the people";
(1) Causing more than 1 person to die, or seriously injuring more than 3 people, or slightly injuring more than 9 people, or seriously injuring two people, slightly injuring more than 3 people, or seriously injuring 1 person and slightly injuring more than 6 people;
(2) Causing economic losses of more than 300,000 yuan;
(3) Causing adverse social impact;
(four) other circumstances that cause great losses to public property, the interests of the state and the people.
2. "The circumstances are particularly serious":
(1) Causing more than 3 times of casualties as specified in Item (1) of the preceding paragraph;
(2) Causing economic losses of more than 6,543,800 yuan+500,000 yuan;
(3) Failing to report, delaying reporting or making a false report about the accident, or instigating, instigating or forcing others not to report, delaying reporting or making a false report, thus causing the loss consequences to continue, expand or delay the rescue work;
(four) causing particularly bad social impact;
(5) Other particularly serious circumstances.
V. Criteria for serious cases
1, major cases
Causing three or more deaths, or ten or more serious injuries and fifteen or more minor injuries; Causing direct economic losses of more than one million yuan.
2. Special circumstances
Causing more than seven deaths, or more than fifteen serious injuries, or more than thirty minor injuries; Causing direct economic losses of more than 2 million yuan.