First of all, in our country, there is a limitation of prosecution for crimes.
According to the provisions of Article 87 of the Criminal Law, "crimes that exceed the following time limits shall not be prosecuted: (1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years; (2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years; (3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years; (4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. If it is necessary to sue after 20 years, it must be reported to the Supreme People's Procuratorate for approval. " If the case has passed the limitation period, then the judicial organs in our country can no longer pursue the criminal responsibility of the relevant personnel. If they have been investigated, they should drop the case, or not prosecute, or terminate the trial, or declare them innocent.
Second, in China, illegal acts also have a limitation period.
According to the provisions of Article 36 of the Administrative Punishment Law, "if an illegal act is not discovered within two years, no administrative punishment shall be imposed; Involving citizens' life, health and safety, financial security and harmful consequences, the above period is extended to five years. Except as otherwise provided by law. The time limit specified in the preceding paragraph shall be counted from the date when the illegal act occurs; If the illegal act has a continuous or continuous state, it shall be counted from the date of the end of the act. " Article 22 of China's "Public Security Administration Punishment Law" stipulates that "violations of public security administration that are not discovered by public security organs within six months shall not be punished." For example, if a criminal suspect engaged in prostitution or whoring activities is not found within six months, and is found by the police or others after six months, the public security organ may no longer impose a fine or administrative detention on him suspected of prostitution or whoring.
Thirdly, in China, is there a time limit for imposing administrative sanctions on public officials?
Our country's law provides a lifelong accountability system for public officials who violate the law. According to the provisions of Article 24 of the Regulations on the Implementation of the Supervision Law, "If a supervisory organ finds that a public official has committed other illegal acts and has one of the following circumstances, it may investigate and deal with it according to law: (1) It has exceeded the time limit for the investigation of administrative violations or the time limit for the investigation of crimes, and has not been investigated for criminal responsibility, but it needs to be given administrative sanctions according to law; (two) being investigated for administrative legal responsibility and needing to be given administrative sanctions according to law; (3) When investigating a duty-related illegal act or a duty-related crime, the supervisory organ shall inspect the other illegal acts of the respondent whose facts are simple and clear and which need to be given administrative sanctions according to law. If the supervisory organ finds that a public official has committed an illegal act as stipulated in the preceding paragraph before becoming the object of supervision, it shall be handled in accordance with the provisions of the preceding paragraph. " In other words, even if you were not a public official ten years ago, as long as you have administrative violations and are found ten years later, the Commission for Discipline Inspection can still give you corresponding administrative sanctions (warning; Remember; Remember big mistakes; Demote; Dismissal; Expelled).
According to the provisions of Article 27 of the Administrative Punishment Law, "if a retired public official commits an illegal act before or after retirement, he will no longer be given administrative punishment, but he can file an investigation; Those who should be punished by demotion, dismissal or dismissal according to law shall be dealt with accordingly, and illegally obtained property and personal property used for illegal acts shall be dealt with according to the provisions of Article 25 of this Law. If a public official who has left his post or died commits an illegal act during the performance of his duties, it shall be dealt with in accordance with the provisions of the preceding paragraph. " Even if you are not party member, you no longer have the status of a public official, and disciplinary and administrative sanctions are not applicable, the supervisory organ may confiscate your illegal income according to Article 27 of the Administrative Punishment Law, and adjust the retirement benefits you enjoy accordingly.
4. Why is there no limitation period for giving administrative sanctions to public officials?
Law is the bottom line of morality. Public officials are paid by the state finance and exercise power on behalf of the state. The special status of public officials will inevitably lead to stricter requirements for them than the law. Do not violate the law, do not violate the legal bottom line, not only during the term of office of public officials, but also before becoming public officials. In this way, people who want to become public officials and those who have become public officials can always be reminded not to break the law. For those who have been mixed into the ranks of public officials because of undiscovered illegal and criminal acts, they can also start the accountability procedure in time when they find their missing illegal and criminal acts, and give them corresponding government sanctions or make relevant treatments.
If you want to know other legal knowledge, please pay attention to Lawyer Yang Chen.
Lawyer Yang Chen, graduated from Peking University with a master's degree in law, is currently a practicing lawyer of Beijing Wen Zhong Law Firm (at the time of publication), specializing in defending major and complicated criminal cases such as duty crimes, economy and finance.
Effective agency case: 1. The case of duty embezzlement investigated by the Commission for Discipline Inspection of a provincial capital city was acquitted;
2. The organized crime investigation corps of a provincial public security department transferred to a municipal public security bureau for the crime of stirring up trouble, gathering people to disturb social order and lending at high interest rates, and did not prosecute for the three crimes;
3. A drug trafficking case handled by a branch of Beijing Public Security Bureau was rejected in the investigation stage and the party was acquitted;
4. The case of misappropriation of funds (20 million yuan) was returned to the procuratorate for supplementary investigation twice without complaint;
5. A crime of falsely issuing special VAT invoices was acquitted;
6. The public security organ decided to terminate the investigation of a criminal case of falsely issuing special invoices for value-added tax, and the legal representative of a company was acquitted at the investigation stage;
7 cases of intentional injury, the procuratorate made a decision not to prosecute;
8. A case of intentional injury was sent back for retrial in the second instance (this should be an innocent case);
9. Successfully prosecuted a contract fraud case;
10. A fraud case was successfully prosecuted.