What is the difference between the crime of perverting the law and the crime of perverting the law for selfish ends?

First, the nature is different.

1. The crime of perverting the law refers to the serious act of judicial personnel deliberately violating facts and laws in civil and administrative trial activities.

2. The crime of bending the law for selfish ends refers to the behavior of bending the law, a judicial staff member, who knows that he is innocent and is prosecuted, who knowingly shields him from prosecution, or who deliberately violates facts and laws to bend the law in criminal trial activities.

Second, the penalties are different.

1. Crime of perverting the law: Whoever commits this crime 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. The circumstances here are particularly serious. Generally speaking, the criminal motive and means are very bad, and the legal rights and interests of the state, enterprises and citizens are greatly damaged.

2. Crime of bending the law for selfish ends: According to the provisions of the Criminal Law, this crime is punishable by 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.

Third, the filing standards are different.

1, crime of perverting the law:

(1) perverting the law, causing the parties concerned or their close relatives to commit suicide, causing serious injury, death or mental disorder;

(two) perverting the law, resulting in direct economic losses of personal property of more than 654.38+million yuan, or direct economic losses of less than 654.38+million yuan, but indirect economic losses of more than 500,000 yuan;

(3) Misjudging the law, causing direct economic losses of more than 200,000 yuan to the property of a legal person or other organization, or direct economic losses less than 200,000 yuan, but indirect economic losses of more than 6,543,800 yuan;

(4) Forging or altering relevant materials and evidence, creating false cases and perverting the law;

(five) colluding with the parties to create perjury, destroy evidence or tamper with court records or pervert the law;

(6) Accepting evidence for personal gain, knowing that it is forged or altered, or deliberately refusing to accept evidence that should be accepted, or deliberately violating legal procedures, or deliberately applying the law wrongly or perverting the law;

(7) Other serious circumstances.

2. The crime of bending the law for selfish ends:

(1) Forging, concealing or destroying evidence, or concealing facts by other means, or violating laws and regulations, and filing, investigating, prosecuting or sentencing a person who knows there are no criminal facts or who should not be investigated for criminal responsibility according to law; ?

(2) Forging, concealing or destroying evidence or concealing facts by other means, breaking the law, and deliberately shielding a person who knows that there are criminal facts and needs to be investigated for criminal responsibility, so that he cannot be placed on file, investigated, prosecuted or tried;

(3) By forging, concealing, destroying evidence or other means of concealing facts or violating the law, deliberately prosecuting a person with a heavier crime or prosecuting a person with a lighter crime;

(4) Whoever conceals facts or violates the law by forging, concealing, destroying evidence or other means after filing a case shall take compulsory measures instead of compulsory measures, or after taking compulsory measures, the investigation is interrupted or no measures are taken beyond the statutory time limit, and the compulsory measures are actually abandoned or changed illegally, resulting in the criminal suspect and defendant actually being separated from the investigation control of judicial organs; ?

(5) Deliberately violating facts and laws in criminal trial activities and making a judgment that perverts the law, that is, finding guilty or innocent, or finding a felony lightly sentenced or a misdemeanor severely sentenced;

(six) other circumstances that should be investigated for criminal responsibility.

Baidu encyclopedia-crime of perverting the law

Baidu Encyclopedia-Crime of bending the law for selfish ends