Interpretation of this article: it is about the punishment provisions for the crime of extorting confessions by torture and the crime of obtaining evidence by violence. These include:
The crime of extorting a confession by torture refers to the act of judicial staff using corporal punishment or disguised corporal punishment to extort a confession.
The crime of obtaining evidence by violence refers to the act of judicial staff using violence against witnesses to force them to testify. The subject of the crime of extorting confessions by torture and the crime of obtaining evidence by violence must be judicial staff.
Judicial personnel refer to those who are responsible for investigation, prosecution, trial and supervision.
According to the relevant provisions of China's criminal procedure law, "criminal suspects and defendants" refer to those who are accused of criminal acts in criminal proceedings and are investigated for criminal responsibility by judicial organs according to law. In a case of public prosecution, it is called a criminal suspect before filing a public prosecution with the people's court, a defendant before the people's court makes a judgment after filing a public prosecution with the people's court, and a defendant before the people's court makes a judgment in a case of private prosecution.
"Using violence" refers to the acts of corporal punishment, injury, beating and other acts that endanger the personal health of witnesses by judicial staff.
"Witness" refers to a person who testifies to the judicial organ in criminal proceedings and knows the situation of the case.
The Supreme People's Procuratorate's Provisions on the Standards for the People's Procuratorate to Directly Accept and Investigate Cases of Extorting confessions by Torture (Trial);
Suspected of one of the following circumstances, it shall be placed on file:
1. Cruel means and bad influence;
2. Lead to suicide or mental disorder;
3. Causing unjust, false and wrong cases;
Extorting confessions by torture for more than 4.3 times or for more than 3 people;
5. instigating, instigating or forcing others to extort a confession by torture.
Article 67 of the Criminal Law of People's Republic of China (PRC)
Surrender and 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. Provided by China Criminal Defense Network
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.
There are ambiguities in the expressions of the provisions in Article 177 of the Criminal Law of People's Republic of China (PRC) and the Criminal Law of People's Republic of China (PRC) (No.2) = _. The provisions of Articles 177 and 277 of the Criminal Law are listed as follows:
Article 177 The crime of forging or altering financial instruments; Crime of obstructing credit card management; The crime of stealing, buying or illegally providing credit card information belongs to one of the following circumstances. Whoever forges or alters financial tickets shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 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, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(1) Forging or altering bills of exchange, promissory notes and cheques;
(2) Forging or altering other bank settlement vouchers such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers;
(3) Forging or altering letters of credit or accompanying documents and documents;
(4) Forged credit cards.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 277 Whoever obstructs a functionary of a state organ from performing his duties according to law by violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Whoever obstructs deputies to the National People's Congress and local people's congresses at various levels from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the preceding paragraph.
In natural disasters and emergencies, those who obstruct Red Cross staff from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph.
Whoever intentionally obstructs a state security organ or a public security organ from performing the tasks of state security according to law without resorting to violence or threats and causing serious consequences shall be punished in accordance with the provisions of the first paragraph.
Whoever violently attacks the people's police who perform their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.
How to judge the crime of robbery in Article 27 of People's Republic of China (PRC) Criminal Law? Paragraph 2 of Article 27 of China's Criminal Law stipulates: "An accessory shall be given a lighter or mitigated punishment or be exempted from punishment." The reason why the criminal law stipulates this is because the accessory is lighter than the principal regardless of subjective malignancy or objective harmfulness. Therefore, the principle of accessory punishment stipulated in China's criminal law is scientifically based.
Paragraph 2 of Article 27 of the Criminal Law stipulates: "An accessory shall be given a lighter or mitigated punishment or be exempted from punishment." The criminal responsibility of an accessory is lighter than that of the principal offender. However, it does not mean that all accomplices are actually punished less than the principal offender. Because the principal offender may be given a lighter, mitigated or even exempted from punishment (such as surrender), when the accessory does not have such a situation, of course, the punishment should not be lightened, mitigated or exempted with the lighter, mitigated or exempted punishment of the principal offender.
Article 67, paragraph 1 of the Criminal Law of People's Republic of China (PRC) voluntarily surrenders himself after committing a crime and truthfully confesses his crime. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
Paragraph 1 of Article 67 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.
Article 57, paragraph 1, and Article 57 of the Criminal Law of People's Republic of China (PRC) The criminal suspect and defendant under residential surveillance shall abide by the following provisions:
(a) shall not leave the residence without the approval of the executive organ, and shall not leave the designated residence without a fixed residence;
(two) without the approval of the executive organ, shall not meet others;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he shall be arrested.
How many years can People's Republic of China (PRC) * * and Item 1, Paragraph 2, Article 347 of the Criminal Law of People's Republic of China (PRC) be sentenced? Whoever violates the provisions of Item 1, Paragraph 2, Article 347 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than 15 years, life imprisonment or death, and his property shall also be confiscated.
Legal provisions: Article 347 of the Criminal Law. Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should be investigated for criminal responsibility and punished.
Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 15 years, life imprisonment or death, and shall also have his property confiscated:
(1) Smuggling, trafficking, transporting or manufacturing more than one kilogram of X-rays, more than 50 grams of X-factor or X-amine, or other drugs in relatively large quantities.
Yes;
(2) ringleaders of drug smuggling, trafficking, transporting and manufacturing groups;
(3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs;
(4) resisting inspection, detention or arrest by violence, if the circumstances are serious;
(5) Participating in organized international drug trafficking activities.
Source Maoming lawyer website link
Whoever smuggles, sells, transports or manufactures X-rays of more than 200 grams but less than 1 kilogram, X-rays of more than 10 grams but less than 50 grams of amine or other drugs in relatively large quantities shall be sentenced to fixed-term imprisonment of more than seven years and fined.
Whoever smuggles, sells, transports or manufactures X- rays below 200 grams, X-rays below 10 grams, X-amine tablets or other small amounts of drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.