Specifically, it refers to crimes such as corruption, bribery, abuse of power and dereliction of duty committed by state staff. Such crimes are investigated by the Anti-Corruption and Bribery Bureau and the Anti-Dereliction and Infringement Bureau of the Procuratorate, which are referred to as "self-investigation cases" for short.
Hope to adopt, thank you!
Question 2: What is a duty crime? Duty crime refers to the general name of the acts that state staff, enterprise staff or other staff members take advantage of their positions to engage in illegal activities or are seriously irresponsible for their work, fail to perform or perform their duties incorrectly, and undermine the state's management function of their duties, which should be punished in accordance with the criminal law. Duty crimes are divided into three categories: corruption and bribery crimes; Crime of dereliction of duty; Crimes that infringe citizens' personal rights and benefit the people. The crimes of corruption and bribery include: 1, corruption crime, 2, embezzlement crime, 3, bribery crime, 4 unit bribery crime, 5, bribery crime, 6, bribery crime against the unit, 7, introduction bribery crime, 8, unit bribery crime, 9, huge property with unknown source crime, 10, and concealing overseas deposits. The crime of dereliction of duty includes: 1, the crime of abuse of power, 2, the crime of dereliction of duty, 3, the crime of perverting the law, 4, the crime of releasing detainees without permission, 5, the crime of being cheated by state staff in signing and performing contracts, etc.
Question 3: Under what circumstances will you turn yourself in for a duty crime? Section 3 of criminal law: voluntary surrender has rendered meritorious service.
Article 67 A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself.
Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
Article 68 Criminals who have made meritorious deeds by exposing other people's criminal acts and verifying them, or providing important clues to solve other cases, may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment.
Question 4: What are the conditions for taking advantage of his position to constitute a crime? 1. What is a duty crime? In this term, we must know what "responsibility" is. "Obligation" is a compound concept with rich connotation and complex content in China. At present, the job classification in China mainly includes: legal post, appointed post, executive post, management post, decision-making post, temporary post, fixed post, leadership post and non-leadership post. There are 8 categories, 66 middle categories, 4 13 subcategories and 1838 occupations recorded in the grand ceremony of occupational classification in China. In the word "post", the so-called "post" means responsibility, authority and position, and this profession means "responsibility". "Service" is produced by postal service. The tasks and affairs that should be undertaken, that is, with a certain "post", must undertake certain things. At the same time, according to different positions, the corresponding responsibilities are also different. The concept of duty crime is: it refers to the general name of acts that state staff, enterprise staff or other staff members take advantage of their positions to engage in illegal activities or are seriously irresponsible for their work, fail to perform their duties or perform their duties incorrectly, and undermine the state's management function of their duties, which should be punished in accordance with the criminal law. 2. Composition and elements of duty crime To understand the composition of duty crime, we must know the composition of general crime. According to the criminal law of our country, an act constitutes the sum of subjective and objective elements necessary for a crime. This subjective element and objective element are legal and are the basic requirements of general crimes. (1) Subject of duty crime: China's laws stipulate the subject of duty crime: first, the staff of state organs, second, the staff of state-owned companies, enterprises and institutions, third, the staff of people's organizations, and fourth, the personnel entrusted by state organs, state-owned companies, enterprises and institutions and people's organizations to manage and operate state-owned property. (2) Subjective elements of duty crime: refers to a kind of psychology and psychological state held by the perpetrator on the harmful consequences of his behavior. (3) The objective elements of duty crime: it infringes on the state's management function of duty activities. (4) The objective elements of duty crime. According to the law of our country, the objective elements of duty crime mainly have the following three forms: first, taking advantage of duty; Second, abuse of power; The third is serious irresponsibility, failure to perform or improper performance of duties. 3. Types of Duty Crimes According to the revised criminal law, procuratorial organs have jurisdiction over 53 kinds of duty crimes committed by state employees, which are divided into three categories: corruption and bribery crimes (Chapter VIII); Crime of dereliction of duty (Chapter 9); Crimes that infringe citizens' personal rights and benefit the people. Crimes of Corruption and Bribery There are 15 in Chapter 8 of China's Criminal Law, which stipulates 12 crimes (394-396), including: 1, corruption, 2, misappropriation of public funds, 3, bribery, 4, bribery, 5, bribery, 6, bribery to the unit, 7. Chapter 9 of China's criminal law stipulates 34 charges with 23 articles. Including: 1, the crime of abuse of power, 2, the crime of dereliction of duty, 3, the crime of perverting the law, 4, the crime of releasing detainees without permission, 5, the crime of national staff being cheated in signing and performing contracts, etc. The above is for reference only.
Question 5: What is the duty crime of civil servants? Duty crime refers to the crime of corruption and bribery, the crime of dereliction of duty by state functionaries and the crime of infringement of citizens' personal rights and interests by state functionaries in accordance with Article 18 of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC). Among them, the crime of corruption and bribery refers to the crime of corruption and bribery stipulated in Chapter VIII of the Criminal Law of People's Republic of China (PRC) and other crimes clearly stipulated in Chapter VIII of the Criminal Law of People's Republic of China (PRC), including the crime of corruption, embezzlement of public funds, bribery, unit bribery, introduction bribery, unit bribery and huge amount of money. The crime of dereliction of duty refers to the crimes of abuse of power, dereliction of duty, intentional disclosure of state secrets, negligent disclosure of state secrets, bending the law, perverting the law, unauthorized release of detainees, dereliction of duty leading to the escape, commutation, parole, temporary execution outside prison, etc. Crime of not paying taxes for selfish ends, crime of underpaying taxes, crime of selling invoices for selfish ends, crime of withholding taxes, crime of export tax rebate, crime of illegally providing export tax rebate vouchers, crime of dereliction of duty of state organs in signing and performing contracts, crime of illegally issuing forest cutting licenses, crime of dereliction of duty in environmental supervision, crime of dereliction of duty in prevention and control of infectious diseases, crime of illegally approving expropriation, crime of occupying land, crime of illegally transferring state-owned land use rights at low prices, crime of smuggling, crime of malpractice in commodity inspection, crime of dereliction of duty in commodity inspection, Crime of favoritism and malpractice in animal and plant quarantine, crime of dereliction of duty in animal and plant quarantine, crime of indulging in manufacturing and selling fake and inferior commodities, crime of handling entry and exit certificates of people from the country (border), crime of letting people cross the country (border), crime of failing to rescue abducted women and children, crime of obstructing the rescue of abducted women and children, crime of helping criminals escape punishment, crime of recruiting civil servants and students for favoritism and malpractice, crime of neglecting their duties and causing damage and loss of precious cultural relics.
Question 6: What do the 55 criteria for filing public officials' duty crimes mean? It means that public officials commit crimes more strictly than ordinary people, and there are many rules and regulations. Because you're not ordinary.
Question 7: Who is the subject of duty crime? The main body of duty crime is national staff. According to the law, state functionaries refer to those who engage in public affairs in state organs. Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions, and other personnel engaged in public service according to law are regarded as national staff.
"State organs" refer to state power organs, administrative organs, judicial organs and military organs. "Personnel engaged in public service" refers to personnel who exercise certain powers and perform certain duties in the above-mentioned state organs, that is, state cadres. However, those who engage in labor services in state organs do not belong to the category of state staff.
The theory of "national staff" includes three aspects: (1) people who are engaged in public affairs in state-owned companies, enterprises, institutions and people's organizations, that is, people who have management responsibilities or perform certain responsibilities in companies, enterprises and other units; (2) personnel assigned by state organs, state-owned companies, enterprises and institutions to non-state-owned companies, enterprises, institutions and social organizations to engage in public affairs, that is, in some Sino-foreign joint ventures, cooperative enterprises and joint-stock enterprises with state-owned assets, they are stationed in state-owned companies, enterprises or other relevant state-owned units to exercise the management right of state-owned assets they participate in; (3) other managers engaged in public affairs according to law.
The Interpretation of the NPC Standing Committee on the Application of the Subject of the Crime of Dereliction of Duty, which was adopted on February 28th, 2002, stipulates that those who are engaged in public service in organizations that exercise state administrative functions and powers in accordance with laws and regulations or organizations entrusted by state organs to exercise their functions and powers on behalf of state organs, or those who are not included in the establishment of state organs but are engaged in public service in state organs, are deemed as dereliction of duty on behalf of the state and constitute a crime. According to this legislative interpretation, the following "four kinds of people" are included in the subject scope of dereliction of duty crime. First, some organizations that are not state organs are authorized by law to exercise state administrative functions and powers in certain fields, such as securities regulatory agencies and insurance regulatory agencies. Second, in the process of institutional reform, some original state organs were reorganized into public institutions in some places, but some administrative functions, such as forestry management departments, were still retained. Third, some state organs entrust their functions and powers to some organizations according to law, such as tobacco monopoly and salt industry management departments. Fourth, in practice, some state organs employ some people outside the state organs to engage in official duties according to the needs of their work, such as contract police and hiring personnel.
Question 8: To put it bluntly, the concept of duty crime is the crime involved in taking advantage of duty, which is generally the staff of state organs, state-owned companies, enterprises and institutions and people's organizations. Such people use their powers to be suspected of criminal offences. Common things like corruption and bribery, abuse of power, dereliction of duty, privately dividing state-owned assets and so on. You can go to the website of Chongqing Zhihao Law Firm for details. There is a section on duty crime, which explains duty crime.