1. At present, there is no crime of perverting the law in our country, only in civil and administrative cases. The criteria for determining the crime of perverting the law in civil and administrative cases are that the perpetrator commits the crime of perverting the law by accepting bribes, or commits violent evidence collection for the purpose of perverting the law, instigating bribing witnesses to provide perjury, and will commit other crimes such as violent evidence collection and obstruction of testimony. At this time, it belongs to implicated offense and should constitute.
2. Legal basis: Article 399 of the Criminal Law of People's Republic of China (PRC).
Bending the law, a judicial staff member of the crime of bending the law for selfish ends, is sentenced to fixed-term imprisonment of not more than five years or criminal detention if he makes a person who knows that he is innocent be prosecuted, intentionally shields a person who knows that he is guilty from prosecution, or intentionally violates facts and laws in criminal trial activities; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.
Crime of bending the law in civil administrative trial: Whoever intentionally violates facts and laws in civil administrative trial activities, if the circumstances are serious, 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.
In the process of executing the judgment or ruling, the crime of dereliction of duty is seriously irresponsible or abuses his power, fails to take litigation preservation measures according to law, fails to perform legal execution duties, or illegally takes litigation preservation measures or enforcement measures, thus causing heavy losses to the interests of the parties or others, and is sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes particularly heavy losses to the interests of the parties concerned or others shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
If a judicial officer commits the acts mentioned in the preceding three paragraphs for accepting bribes, and at the same time constitutes a crime as stipulated in Article 385 of the Cost Law, he shall be convicted and punished in accordance with the provisions of heavier punishment.
Second, what are the constitutive elements of the crime of bending the law for selfish ends?
1, object element. The object of the crime of bending the law for selfish ends is the normal activities of the state judicial organs and the judicial justice of the state. Judicial organs handle cases according to law and strictly enforce the law, which is a concrete process to realize justice and fairness embodied in the national criminal law. If the staff of judicial organs bend the law, it will violate the justice requirements of the law, seriously hinder the normal judicial activities of the country, and at the same time corrupt judicial justice;
2. objective factors. The objective aspect of the crime of bending the law for selfish ends is that the perpetrator carried out the acts of bending the law and bending the law in criminal judicial activities. Favoritism means bending the law in order to seek personal interests and small collective interests; Favoritism refers to bending the law out of personal feelings, which is mainly manifested in taking care of personal relationships or feelings, protecting relatives and friends, or venting anger and revenge. The criminal law requires "bending the law, bending the law", aiming at excluding the wrong judgment caused by the negligence of judicial staff due to their low legal level and incomplete understanding of the facts from the crime of bending the law for selfish ends; Therefore, as long as the misjudgment caused by negligence due to low legal level and incomplete facts is excluded, it can generally be considered as "bending the law and bending the law";
3. Main elements. The subject of the crime of bending the law for selfish ends is a special subject, that is, judicial staff. Judicial personnel refer to those who are responsible for investigation, prosecution, trial and supervision. Including investigators from public security, national security, prisons, military security departments and people's procuratorates; The people's procuratorates include prosecutors from special procuratorates such as railway transport procuratorates and forestry procuratorates; Judges of the people's courts;
4. Subjective factors. The subjective aspect of the crime of bending the law for selfish ends can only be constituted by intention. Bending the law's motive. If the perpetrator deliberately makes a guilty verdict on the innocent, or if the felony is lightly sentenced, the misdemeanor is severely sentenced. If the above results are caused by negligence, they cannot be punished as crimes.