What is bending the law's crime? This crime refers to the act of bending the law, a judicial officer, who was prosecuted knowing that he was innocent, who deliberately shielded the guilty person from prosecution, or who deliberately violated facts and laws in criminal trial. The subject of this crime is judicial staff. Subjective aspect is intention, including direct intention and indirect intention; That is, knowing that your actions will lead to the result of bending the law, you hope or let this result happen. The object of this crime is the inviolability of national judicial power. The objective manifestations are bending the law and bending the law, making people who know they are innocent prosecuted, deliberately shielding people who know they are guilty from being prosecuted, or deliberately violating facts and laws in criminal trials. Matters needing attention in the crime of bending the law for selfish ends (1) Judicial staff must first understand the administration of justice. The so-called judicature refers to the special activities of handling cases by law in accordance with legal authority and legal procedures. According to Article 94 of the Criminal Law, judicial personnel refer to those who are responsible for investigation, prosecution, trial and supervision. According to the Supreme People's Procuratorate's explanation and reply, professional and technical personnel of judicial organs who intentionally provide false materials and opinions in handling cases, or intentionally make false appraisal, which seriously affects criminal procuratorial activities, can also become the subject of this crime. If non-judicial personnel collude with judicial personnel to commit the act of bending the law, which constitutes a crime, criminal responsibility shall be investigated for the crime of bending the law for selfish ends. (2) perverting the law, bending the law. The so-called favoritism is to seek personal interests of individuals or small groups. The so-called favoritism means taking care of and protecting personal relationships or feelings; The so-called bending the law means distorting and destroying the law. The bending of the law and bending the law here are embodied as follows: First, forging and destroying people who know innocence, and for the purpose of investigating criminal responsibility, using other means contrary to facts and laws to file a case, investigate, prosecute and try. Second, deliberately shielding those who know that it is a crime and should be investigated for criminal responsibility from prosecution. Third, in the exercise of trial activities, deliberately make a guilty verdict on the innocent, or severely sentence a misdemeanor or lightly sentence a felony; A person who deliberately declares a crime is not guilty. (III) Relationship between the crime of bending the law for selfish ends and the crime of accepting bribes According to the provisions of Article 399 of the Criminal Law, if a judicial officer accepts bribes and bending the law, bending the law and other acts constitute the crime of bending the law for selfish ends and the crime of accepting bribes in Article 385 of the Criminal Law, he shall be convicted and punished in accordance with the provisions of heavier punishment. (4) In special circumstances that do not constitute this crime or are exempted from punishment, the criminal responsibility of the violator of the law shall be determined according to law, and the elements shall be that he knows that the object of the act is guilty or innocent, or intentionally violates facts and laws, resulting in losses to the interests of the state, society and people, losses to the life and health of the parties, personal freedom and property, and adverse effects to society, and comprehensive consideration shall also be given. If the circumstances are obvious, minor and harmless, criminal responsibility cannot be investigated for the crime of bending the law for selfish ends. Under normal circumstances, deviation caused by low knowledge level or working ability cannot be regarded as criminal punishment. Those who have not caused adverse consequences to society, but the circumstances of the crime are minor and truthfully confess the facts of the crime, can be exempted from criminal punishment in judicial practice. If you have other questions, or your current situation is complicated, you can directly contact the online legal consultation platform, and our lawyers will provide you with the best and most appropriate advice and legal aid. Finally, thank you for reading.
Legal objectivity:
Article 399 of the Criminal Law: bending the law, a judicial officer, or who intentionally violates facts and laws and perverts the law in criminal trial activities, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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. Deliberately violating facts and laws and perverting the law in civil and 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.