Civil servants were given suspended sentences. Must they be dismissed from public office?

Civil servants sentenced to probation will be expelled from public office.

Those sentenced to probation, if public officials, shall be dismissed according to regulations. According to Article 17 of the Regulations on Punishment of Civil Servants of Administrative Organs:

If a civil servant of an administrative organ violates the law and discipline and has been sentenced to punishment, removed from his post or resigned from his leadership position before the administrative organ makes a disciplinary decision on him, and should be punished according to law, the administrative organ shall punish him according to the facts of his violation of the law and discipline. If a civil servant of an administrative organ is sentenced to punishment according to law, he shall be dismissed.

Extended data:

The judge was sentenced to three years in prison and suspended for five years for accepting bribes. The person concerned told the reporter that this person claimed that he could go back to work in his original unit in a few years, which did not affect him at all. The masses don't understand and have been sentenced for accepting bribes. Shouldn't you be expelled from public office? Is it possible to be a judge in the future?

The judge mentioned by the masses was originally the president of the second court of a county court in northern Anhui, but as a national judicial worker, he used his position to illegally accept other people's property and seek benefits for others. After trial, the court held that his behavior constituted the crime of accepting bribes. In view of the fact that he surrendered himself, repented and returned the stolen money and goods in the crime of accepting bribes, the punishment can be mitigated according to law and suspended sentence can be applied.

Therefore, as soon as the court tried him for taking bribes, it sentenced him to three years in prison and suspended for five years. After the verdict was pronounced, some people called the reporter to report that the former judge said many times outside that he could still return to his original unit after serving his sentence. Everyone who heard it said that it was incomprehensible. He committed bribery and was sentenced. Won't the country expel him? Such a person can be a judge in the future.

To this end, the reporter contacted the Organization Department of Bozhou Municipal Committee. Ke Wang, a cadre of the department, told the reporter that according to the Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, civil servants who were sentenced to punishment should be dismissed and it is impossible to work in the original unit.

The reporter consulted the regulations. Article 17 of the Regulations stipulates that civil servants of administrative organs who violate the law and discipline have been punished, dismissed, expelled or resigned from leadership positions before the administrative organs make disciplinary decisions on them. If it should be punished according to law, the administrative organ will punish it according to the facts of its violation of law and discipline.

If a civil servant of an administrative organ is sentenced to punishment according to law, he shall be dismissed. Article 9 stipulates that if a civil servant of an administrative organ is dismissed, his/her personnel relationship with his/her own unit shall be terminated from the date when the punishment decision takes effect, and he/she may no longer hold the post of civil servant.

Wang Kechang suggested that the reporter contact the former work unit of the sentenced judge to verify the relevant situation. On August 4, the reporter called the president of the court where this person once worked. The president told reporters that probation is also a punishment. According to the relevant regulations, after being sentenced to punishment, he should be dismissed.

After being sentenced, this person has been "double-opened" and it is impossible to return to the original unit. I don't know where the information said by the masses came from.

At the same time, he told reporters that whenever a civil servant is sentenced, the judgment will be given to the Commission for Discipline Inspection and the Organization Department, which is to facilitate the relevant departments to punish the sentenced civil servant.

People's Daily Online-Can civil servants retain their public office after being sentenced to probation?