The crime of organizing minors to engage in activities violating public security management belongs to behavioral crime. As long as minors are organized to commit theft, fraud, robbery, extortion and other activities that violate public security management, they can be put on file for investigation.
The subjective aspect of organizing minors to carry out activities against public security management is intentional. Negligence cannot constitute organizing minors to engage in activities that violate the administration of public security. In addition, the crime of organizing minors to engage in activities violating the administration of public security subjectively requires that the actor must know that the organization object is a minor, or that he did not know that the organization object was a minor at that time, but later found out that it was a minor, but still organized it to engage in activities violating the administration of public security, which is also considered intentional.
Standards for filing public security cases
Public security cases refer to cases where violations of the regulations on administrative penalties for public security and minor criminal acts investigated and dealt with by public security organs and grass-roots public security organizations are not enough to be established as criminal cases.
According to relevant regulations, public security cases in society are generally investigated by local police stations; Public security cases that occur in organs, organizations, enterprises and institutions shall be investigated and dealt with by the security organizations of their own units. If there is no public security organization, the local public security organ shall be responsible for the investigation. In addition, where there is no police station in rural areas, the public security organ may entrust the township (town) people's government to make a ruling if it needs to be given a warning and fined below 50 yuan for violating public security management.
1. According to Article 99 of the Law on Public Security Administration Punishment, the time limit for public security organs to handle public security cases shall not exceed 30 days from the date of acceptance; If the case is serious and complicated, it may be extended for 30 days with the approval of the public security organ at the next higher level. In order to find out the case, the time limit for appraisal is not included in the time limit for handling public security cases. [1-3] (regulation and interpretation)
2. According to Article 114th of the Law on Public Security Administration Punishment, public security organs and their people's police should consciously accept the supervision of society and citizens when handling public security cases. Any unit or individual has the right to report and accuse the public security organ or the people's procuratorate or the administrative supervision organ of any act that the public security organ and its people's police do not strictly enforce the law or violate the law and discipline in handling public security cases; The organ that receives the report or complaint shall handle it in a timely manner in accordance with its duties.
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Legal basis:
One of Article 262 of the Criminal Law
Whoever organizes the disabled or minors under the age of 14 to beg by violence or coercion shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 262 bis
Whoever organizes minors to engage in theft, fraud, robbery, extortion and other activities that violate the administration of public security shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.