Secondly, the principle of absorption cannot be applied. This kind of bribery and dereliction of duty are intentional crimes, and the acts committed are basically the same, with no distinction between severity and premeditated acts.
Third, the principle of substitution cannot be applied. However, this will inevitably lead to a problem, that is, crimes are under the jurisdiction of two departments within an organ because of different amounts, which will lead to confusion in jurisdiction.
As for how to deal with the above problems, the author thinks that the special provision of the fourth paragraph of Article 399 of the Criminal Law on the conviction of judicial staff for dereliction of duty due to bribery should be abolished, and at the same time, the following contents should be added after the second paragraph of Article 385 of the Criminal Law: State staff who commit the crimes specified in Articles 398 to 419 of the Cost Law shall be convicted and punished according to the provisions with heavier punishment.
If the principle of substitution is applied, it will inevitably lead to the following results: if the amount of bribes is more than 50 thousand yuan, one of the statutory maximum penalties for dereliction of duty is 15 years' imprisonment, while the maximum penalties for accepting bribes are death and life imprisonment respectively, so only the crime of accepting bribes can be identified; If the amount of bribes is more than 5,000 yuan but less than 50,000 yuan, the statutory penalties for the crime of dereliction of duty, such as Articles 399 and 400, are more than 10 years, while the statutory penalty for the crime of accepting bribes is fixed-term imprisonment of less than 10 years, so only the specific crime of dereliction of duty can be determined; If the amount of bribes is less than 5,000 yuan, if the maximum legal punishment is two years' imprisonment according to Article 383 of the Criminal Law, and the maximum legal punishment for almost all crimes of dereliction of duty is higher than this, such cases should be punished according to the specific crime of dereliction of duty.