A few days ago, the case of He Lianjiang, a former Fuyang prison policeman who was prosecuted by the Procuratorate of yingdong district, Fuyang City, Anhui Province, was heard by the yingdong district court in the first instance. This case is the first case in which judicial personnel are suspected of damaging judicial justice after the revision of the Criminal Procedure Law.
He Lianjiang, 56, has been working in Fuyang prison, and was given an administrative warning by Fuyang prison for delivering goods to criminals without permission. 201811kloc-0/4 He Lianjiang was placed on file for investigation by the yingdong district Municipal Supervision Commission for alleged abuse of power.
On June 65438+February of the same year 1 1, he was put on file for investigation and reduced in sentence by Fuyang City Procuratorate for alleged corruption. After the investigation, Fuyang Procuratorate will designate yingdong district Procuratorate to review and prosecute.
According to the accusation of yingdong district Procuratorate, during the period from 20 14 to 20 17, He Lianjiang took advantage of his position to accept remittances or cash146,900 yuan from relatives and friends of prisoners in this prison and other prisons, and took cash and articles for 24 prisoners to use in the prison, from which he withheld about 29,000 yuan.
Later, He Lianjiang deliberately concealed the disciplinary facts of several criminals' possession and use of contraband and prohibited items in the process of reporting the commutation work of criminals in his prison area, and agreed to report the commutation, resulting in the smooth commutation of 1 1 criminals who did not meet the commutation conditions, which constituted the crime of abusing power for personal gain.
"As an old party member, an old policeman who has worked for more than 30 years has changed from a law enforcer to a law enforcer. I am sorry for the organization and my family. I hope that people who are still doing these things can stop quickly through my case and hope to give me a chance to turn over a new leaf. " During the trial, the defendant He Lianjiang pleaded guilty and repented in court.
Some local NPC deputies, CPPCC members and police officers from Fuyang Prison and Jiulong Prison attended the trial. The court did not pronounce a sentence in court.
Extended data:
Interpretation of common duty crimes? Crime of abuse of power ② objective aspects of this crime
The crime of abuse of power refers to the behavior that the staff of state organs exceed their powers, illegally decide or deal with matters that they have no right to decide or deal with, or deal with official duties in violation of regulations, resulting in heavy losses to public property, the state and the people's interests.
In the ninth chapter of our criminal law, the crime of abuse of power and the crime of negligence are stipulated together. Paragraph 1 of Article 397: "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. "
1, understanding of abuse of power
The objective aspect of this crime is abuse of power, which has caused great losses to public property, state and people's interests.
According to the Supreme People's Procuratorate's "Provisions on the Standard of Directly Accepting Investigation Cases by People's Procuratorates (Trial)" (Gao Jian Fa Shi Zi [1999] No.2), abuse of power refers to exceeding one's authority, illegally deciding or handling matters that one has no right to decide or handle, or handling official duties in violation of regulations.
It is generally believed that abuse of power is mainly manifested in the following situations:
First, beyond the authority, arbitrarily decide or deal with matters that have no right to decide or deal with;
Second, playing with authority and making decisions or handling matters at will;
Third, deliberately failing to perform the duties that should be performed, or giving up the duties without authorization;
Fourth, abuse power for personal gain, jobbery, and improper performance of duties.
2. Understanding of "causing great losses to public property, the interests of the state and the people" and "the circumstances are particularly serious"
Abuse of power causes great losses to public property, the interests of the state and the people, which constitutes a crime.
According to the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Dereliction of Duty (Law Interpretation [20 12] 18), if a staff member of a state organ abuses his power or neglects his duty in any of the following circumstances, it 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.
3. Understanding of "economic loss"
According to Article 8 of the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Dereliction of Duty (Law Interpretation [20 12] 18), "economic loss" refers to the actual property loss caused by the crime of dereliction of duty or related crimes, including various expenses and expenses paid to recover the losses caused by the crime of dereliction of duty.
The economic losses that continue to occur after the case is filed and before the public prosecution is initiated shall be included in the economic losses caused by dereliction of duty.
If the debtor is declared bankrupt through legal procedures, the debtor absconds, his whereabouts are unknown, or the actor's responsibility exceeds the limitation of action, so that the creditor's rights can no longer be realized, the part of the creditor's rights that cannot be realized shall be recognized as the economic loss of the crime of dereliction of duty.
The economic losses recovered by criminals and their relatives and friends, the economic losses recovered by the judicial organs or the units to which the criminals belong, and the higher authorities, or the economic losses reduced due to objective reasons after the crime of dereliction of duty or related crimes of dereliction of duty is filed, shall not be deducted, but may be taken as circumstances for a lighter punishment as appropriate.
According to the Supreme People's Procuratorate's Standard for People's Procuratorates to Directly Accept Serious Dereliction of Duty Infringement Cases (Trial) (Gao Jian Fa [200 1]No. 13), dereliction of duty crimes such as abuse of power are the constitutive elements that cause great losses to public property, the state and the people's interests.
Among them, the heavy loss of public property usually refers to the heavy economic loss caused by dereliction of duty. In judicial practice, in one of the following cases, although public property exists as a creditor's right, it can be considered that the actor's dereliction of duty has caused economic losses:
(1) The debtor has been declared bankrupt according to legal procedures;
(2) The debtor absconded and his whereabouts are unknown;
(3) because the actor's responsibility exceeds the limitation of action;
(4) Other circumstances where there is evidence to prove that the creditor's rights cannot be realized.
People's Daily Online-A policeman in a prison in Anhui Province was directly placed on file for investigation on suspicion of obstructing judicial justice.
People's Network-Interpretation of Common Duty Crimes? Crime of abuse of power ② objective aspects of this crime