Standards for filing dereliction of duty crimes;
1, causing more than 1 person to die, or more than 3 people seriously injured, or more than 2 people seriously injured and 4 people slightly injured, or more than 1 person seriously injured and 7 people slightly injured, or more than1person slightly injured;
2, causing serious poisoning of more than 20 people;
3. Causing direct economic loss of personal property of more than 6.5438+500,000 yuan, or direct economic loss of less than 6.5438+500,000 yuan, but indirect economic loss of more than 750,000 yuan;
4. Causing direct economic losses of more than 300,000 yuan to public property or the property of legal persons or other organizations, or direct economic losses of less than 300,000 yuan, but indirect economic losses of more than 6,543,800 yuan+0.5 million yuan;
5. Although it does not meet the standards of Grade 3 and 4, the total direct economic losses of Grade 3 and 4 are more than 300,000 yuan, or the total direct economic losses are less than 300,000 yuan, but the total indirect economic losses are more than 6.5438+0.5 million yuan;
6. Causing companies, enterprises and other units to stop business, stop production 1 year or more, or go bankrupt;
7. The staff of the customs and foreign exchange administration departments are seriously irresponsible, resulting in fraudulent purchase of foreign exchange 1 10,000 USD or evasion of foreign exchange 1 10,000 USD;
8, serious damage to the national reputation, or cause adverse social impact;
9 other circumstances that cause heavy losses to public property, the interests of the state and the people.
Second, the provisions of the criminal law on the crime of dereliction of duty.
Article 397 of the Criminal Law: Any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail.
Any functionary of a state organ who commits the crime mentioned in the preceding paragraph for personal gain 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. Where there are other provisions in this Law, such provisions shall prevail.
Dereliction of duty, dismissal from public office. State functionaries who are sentenced for suspected crimes shall be given administrative sanctions of dismissal from public office. Those who neglect their duties shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Third, what is the responsibility for dereliction of duty?
Article 397 of the Criminal Law stipulates that any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail. Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph 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. Where there are other provisions in this Law, such provisions shall prevail. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Dereliction of Duty (1) Article 1 A functionary of a state organ who abuses his power or neglects his duty shall be deemed as "causing heavy losses to public property, the interests of the state and the people" as stipulated in Article 397 of the Criminal Law:
(1) Causing more than 1 person to die, or seriously injuring more than 3 people, or slightly injuring more than 9 people, or seriously injuring two people, slightly injuring more than 3 people, or seriously injuring 1 person and slightly injuring more than 6 people;
(2) Causing economic losses of more than 300,000 yuan;
(3) Causing adverse social impact;
(four) other circumstances that cause great losses to public property, the interests of the state and the people.
Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 397th of the Criminal Law:
(1) Causing more than 3 times of casualties as specified in Item (1) of the preceding paragraph;
(2) Causing economic losses of more than 6,543,800 yuan+500,000 yuan;
(3) Failing to report, delaying reporting or making a false report about the accident, or instigating, instigating or forcing others not to report, delaying reporting or making a false report, thus causing the loss consequences to continue, expand or delay the rescue work;
(four) causing particularly bad social impact;
(5) Other particularly serious circumstances.
Fourth, distinguish between abuse of power and dereliction of duty.
Abuse of power is the behavior that the actor realizes that he is exercising power, and should not use power, but should use power instead of power, thus surpassing power and abusing power; Dereliction of duty means that the actor realizes that he is performing his duties, and fails to perform his duties or fails to perform his duties seriously for various reasons. Therefore, completely absent without leave will not be understood as abuse of power. Only in the process of performing duties, abuse of power and dereliction of duty will compete with each other and it is difficult to distinguish. The key is to look at the subjective attitude of the perpetrator, that is, the abuser realizes that he is abusing his power and knows that he should not use it, but should not use it. Therefore, the harmful result is indirect intention. The latter is knowing that they are performing their duties, but not performing them or not performing them seriously, which will make mistakes for the harmful results. Sometimes, dereliction of duty and abuse of power are inseparable. At this time, to determine its nature depends more on the actor's understanding of the harmful consequences. If it is indirect intention, it is abuse of power, otherwise it is dereliction of duty.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 397 of the Criminal Code of People's Republic of China (PRC).
State functionaries who abuse their powers or neglect their duties, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail.
Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph 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. Where there are other provisions in this Law, such provisions shall prevail.