You should do what you know is illegal. You should abide by the law and be a good citizen, because once a person commits a crime, leaving a criminal record will have a certain impact on himself, his spouse and even his children. Of course, it will have the greatest and most far-reaching impact on yourself. The following sharing is about doing things that you know are illegal.
Do what you know is illegal. 1 how to deal with citizens who know the law and break the law?
Citizens who know the law and break the law should bear corresponding criminal responsibilities. The parties concerned may report the relevant situation to their leaders, and those suspected of violating the law may report to the local public security organ or bring a lawsuit to the people's court in the jurisdiction according to the actual situation.
legal ground
Article 13 of the Criminal Law refers to all acts that endanger national sovereignty, territorial integrity and security, split the country, subvert the people's democratic dictatorship and socialist system, disrupt social and economic order, infringe upon state-owned property or property collectively owned by working people, infringe upon citizens' private property, infringe upon citizens' personal rights, democratic rights and other rights, and other acts that endanger society.
Anyone who should be punished according to law is a crime, but if the circumstances are obvious, minor and harmless, it is not considered a crime. Article 14 Whoever knows that his actions will have consequences that will harm society and hopes or allows such consequences to happen, which constitutes a crime, is a deliberate crime. Whoever intentionally commits a crime shall bear criminal responsibility.
Do what you know is illegal. What should you do if you know it is illegal?
In accordance with the relevant penalties, you can report the relevant situation to their leaders and make complaints. If you violate the law, you can report it or bring a lawsuit to the court as appropriate. The crime of abuse of power refers to the behavior of the staff of state organs who deliberately exceed their powers, violate legal decisions, handle matters that they have no right to decide or handle, or handle official duties in violation of regulations, resulting in heavy losses to public property, the state and the people's interests.
The crime of bending the law for selfish ends refers to the act of bending the law, a judicial staff member, who makes people who know that he is innocent prosecuted, deliberately shields people who know that he is guilty from prosecution, or deliberately violates facts and laws to bend the law in criminal trial activities. The object of this crime is the normal activities of the state judicial organs.
Objectively speaking, it is bending the law's behavior in criminal proceedings. The subject of this crime is a special subject, that is, judicial staff, which is intentional subjectively, and negligence does not constitute this crime. The criminal law stipulates that whoever commits this crime 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 ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.
Citizens can complain to the police supervision agency of the public security organ at the same level and the public security organ at a higher level. Complaints must be directed at specific police officers, not vague. Only by targeting specific people can we investigate clearly and get an answer.
Article 397 of the Criminal Law 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.
Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph 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. Where there are other provisions in this Law, such provisions shall prevail.
Article 399 of the Criminal Law: bending the law, a judge who perverts the law, causes a person who knows that he is innocent to be prosecuted, deliberately shields a person who knows that he is guilty from being prosecuted, or deliberately violates facts and laws to pervert the law in criminal trial activities, he 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 ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.
Deliberately violating facts and laws and perverting the law in civil and administrative trial activities, 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 especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
In the execution of a judgment or ruling, those who are seriously irresponsible or abuse their powers, fail to take litigation preservation measures according to law, fail to perform their statutory execution duties, or illegally take litigation preservation measures or enforcement measures, thus causing heavy losses to the interests of the parties or others, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes particularly heavy losses to the interests of the parties concerned or others shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
If a judicial officer commits the acts mentioned in the preceding three paragraphs for accepting bribes, and at the same time constitutes a crime as stipulated in Article 385 of the Cost Law, he shall be convicted and punished in accordance with the provisions of heavier punishment.
Knowing the law and breaking the law needs to clarify the relevant subjects. For citizens, knowing the law and breaking the law need to bear relevant legal responsibilities. If it is a public official who knows the law and violates the law, the parties can report it to their superiors, and the reported person also needs to bear more severe legal responsibilities. When reporting, the reporter also needs to prepare sufficient evidence.
Do what you know is illegal. What is the impact of breaking the law on your future?
Life is affected.
Most people who are subject to criminal punishment have to bear corresponding civil liabilities, and the law will not be exempted from the corresponding civil compensation obligation because of the completion of the punishment, and the amount of compensation is equal to the property losses caused. Those who are unable to perform civil compensation may be restricted from high consumption and included in the list of untrustworthy people.
In addition to civil liability, in real life, because one party bears criminal responsibility, the relationship between husband and wife breaks down and eventually goes to court for divorce. Not only that, if you have received criminal punishment, you will have a criminal record. This record is the national public security network. If you go to work, travel or travel in a different place, as long as you use your ID card, the early warning system of the public security network will call the police, and then you will face cross-examination by the public security.
Work is affected.
People who have received criminal punishment will have lifelong criminal record files. Not only can you not take the civil service examination, but you can't be a judge, a people's jury, a prosecutor, a civil servant, a lawyer, a defender, a judicial expert, a notary, a policeman, a diplomat, a village committee member, an auctioneer, a company director, a supervisor, a senior manager, a wholly state-owned enterprise or a wholly state-owned company.
Directors, supervisors, senior managers of state-owned capital holding companies, directors, senior managers of commercial banks, securities practitioners, specific employees in the insurance industry, bankruptcy administrators, legal representatives of seed enterprises, senior managers, heads of production and business units, specific employees in the food industry and other occupations.
In addition to the above-mentioned specific occupations, if you want to find a job after being released from prison, it will be rejected by the employer to a large extent, and it is difficult to find your favorite job.
According to Article 37- 1 of the Criminal Law of People's Republic of China (PRC), "if a person is sentenced for committing a crime by taking advantage of his position, or for committing a crime in violation of a specific obligation required by his position, the people's court may, according to the situation of the crime and the need to prevent recidivism, prohibit him from engaging in related occupations from the date of completion of punishment or the date of parole for a period of three to five years."
Children are affected.
There are also many restrictions on the children of people who have been criminally punished. For example, their children apply for civil servants or police academies. One of them is to examine whether the immediate family members of candidates have criminal punishment records (including being investigated and controlled by political and legal organs;
Is serving a sentence, etc. ), immediate family members have a criminal record, and the children's political examination is unqualified. At the same time, a series of problems such as children's enlistment and work will also be affected.
Be influenced by yourself
If you have been criminally punished, you will have a criminal record. If you commit another crime in the future, you will be severely punished as a recidivist. At the same time, public opinion and the perception of people around you are also important influences that cannot be ignored. After all, the view that "criminal record = bad guy" is still valid in many people's minds.
With the deepening of comprehensively administering the country according to law, the laws and regulations of the country are becoming more and more strict, and the contents of laws and regulations are becoming more and more perfect, which has an increasing influence on people who are subject to criminal punishment. Therefore, we must abide by the law, never touch the red line of criminal law and regret it for life. In the face of criminal punishment, you can contact Pushengda's criminal lawyer for help as soon as possible.