Judicial interpretation of bending the law for personal gain

The crime of bending the law for personal gain means that for the sake of their own interests, judicial staff bend the law for personal gain, causing people who they know to be innocent to be prosecuted, causing people who they know to be guilty to deliberately cover up and prevent them from being prosecuted, or deliberately violating the law during criminal trials. Acts that violate the facts and the law and make unjust decisions. The object of this crime is the normal activities of the country's judicial organs. Objectively speaking, it manifests itself as the act of bending the law for personal gain in criminal proceedings. The subject of this crime is a special subject, that is, a judicial staff member. In the subjective aspect, he is intentional and neglecting his duties does not constitute this crime.

Judicial standards for the crime of bending the law for personal gain

According to the Supreme People's Procuratorate's "Regulations on the Filing Standards for Handling Criminal Cases of Dereliction of Duty and Infringement", if one is suspected of one of the following circumstances, the case should be filed:

(1) Forging, concealing, destroying evidence, or using other methods to conceal criminal facts or illegal acts against a person who knowingly does not have criminal facts or is not criminally responsible according to law, and files a case for the purpose of pursuing criminal liability. Investigation, prosecution, and trial;

(2) For those who knowingly know that there are criminal facts that require criminal liability, forge, conceal, destroy evidence, or use other methods to conceal facts and violate the law, deliberately cover up and use They are not subject to case filing, investigation, prosecution, or trial;

(3) For those who know that there are criminal facts and need to be held criminally responsible, they forge, hide, destroy evidence or use other methods to conceal the facts and violate the law , deliberately shielding him from case filing, investigation, prosecution, and trial;

(3) Using forgery, concealment, destruction of evidence or other means of concealing facts and violating the law to deliberately make the crime more serious If a person who commits a crime is subject to a lighter punishment or a person with a less serious crime is punished with a heavier punishment;

(4) After the case is filed, any person who forges, conceals, destroys evidence or uses other methods to conceal the facts or violates the law shall be punished Failure to take compulsory measures, or although compulsory measures are taken, the investigation is interrupted or measures are not taken beyond the statutory time limit, and the compulsory measures are illegally revoked or changed, resulting in the criminal suspect or defendant actually being separated from the investigation of the judicial authorities , control;

(5) Deliberately violate facts and laws in criminal trial activities, and make judgments and rulings in violation of the law, that is, guilty verdicts, not guilty verdicts, innocent verdicts, guilty verdicts, or misdemeanor convictions, or serious misdemeanor convictions.

(6) Other acts that bend the law for personal gain and should be investigated for criminal responsibility.

The crime of bending the law for personal gain can only be committed intentionally. If a fault causes an innocent person to be prosecuted or a guilty person not to be prosecuted, this crime will not be established, but the crime of dereliction of duty can be established.

This is because, since the criminal law stipulates the crime of dereliction of duty in executing judgments and rulings, according to Of course, according to the principle of interpretation, if an innocent person is prosecuted due to negligence or a guilty person is not prosecuted, he shall be punished as a crime of dereliction of duty. Should be punished for dereliction of duty. However, the following points need to be noted:

First, if the ability to apply the law is low and the innocent person is prosecuted or the guilty person is not prosecuted, it should not be deemed as a crime of dereliction of duty;

Second, for cases where dereliction of duty results in a heavy sentence for a misdemeanor or a light sentence for a felony, they generally should not be punished as dereliction of duty;

Third, only when "the suspect is not guilty and the guilty is guilty" Only when the result of "not investigating" is consistent with the result of the crime of dereliction of duty can it be determined as a crime of dereliction of duty: the client committed suicide in dissatisfaction with the verdict, and the result of suicide should not be attributed to the referee's behavior.

I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.

Legal basis:

Article 399 of the "Criminal Law of the People's Republic of China and the State"

The crime of malpractice for personal gain by judicial staff Anyone who favors relatives, friends, or deliberately violates the facts and the law and makes wrongful judgments during criminal trials shall be sentenced to 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 10 years; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than ten years. If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years.

Whoever bends the law for personal gain in civil or administrative proceedings, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Dereliction of duty or abuse of power when enforcing judgments or rulings, serious irresponsibility or abuse of power, failure to take litigation preservation measures, failure to perform statutory enforcement obligations, or illegal adoption of litigation preservation measures or enforcement measures, resulting in the parties or Anyone who suffers heavy losses to the interests of others shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Anyone who causes particularly heavy losses to the interests of the parties or others shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.