1. The subject is judicial staff;
2. The subjective aspect must be intentional;
3. The object is the normal activities of the state judicial organs;
4. Objectively speaking, it is bending the law's behavior in criminal proceedings.
Legal objectivity:
What can I do before I am arrested? (1) It is recommended to surrender to the public security organ as soon as possible and truthfully confess my actions. Surrender is legal and can be mitigated or given a lighter punishment. Among them, if the crime is minor, the punishment may be exempted. (2) Actively cooperate with the relevant authorities to influence sentencing, truthfully answer questions related to the case, and may not protect others or refuse to answer questions irrelevant to the case. (III) Confessions of the case affecting sentencing When explaining the case, the actor can explain what positive measures have been taken to recover the victim's losses after the case occurred. What can I do after I get caught? (1) Compulsory measures are legal. If compulsory measures (such as detention and arrest) are taken beyond the statutory time limit (the maximum detention period shall not exceed 37 days, and the detention period after arrest shall not exceed 2 months), I may request the cancellation of compulsory measures. (2) If the criminal interview that affects the whole case is in the investigation stage, only lawyers can meet, so you can entrust lawyers to intervene in the investigation stage to understand the case and find out the laws and regulations that have been violated, so as to avoid worse consequences because you don't understand the procedures and laws and regulations. (3) Obtaining the legal right to obtain a bail pending trial. Those who are seriously ill, unable to take care of themselves or are pregnant or breast-feeding their own children may apply for a bail pending trial. At the trial stage (1) the right of withdrawal of the parties. If the judges, clerks and jurors involved in the trial are found to have an interest in the case, they can apply for withdrawal. (II) Rights of Parties Litigation Rights/Personality Rights Judicial personnel may appeal to the court for their legal litigation rights (such as the right to free debate) and personal insults. (3) The right of the parties to cross-examine the case. In the process of participating in the court hearing, they can know the facts and evidence of the alleged crime. You can put forward your own opinions on the contents of witness testimony, expert conclusion and inquest record that did not appear in court. (4) the right of the parties to exercise the right of self-defense. The parties have the right to participate in the court debate and make a final statement. (V) Obligation of the parties to abide by the trial rules In the process of participating in the trial, they should abide by the rules of the court and cooperate with judicial personnel in litigation activities according to law.