The crime of abuse of power refers to the behavior that the staff of state organs exceed their powers, illegally decide or deal with matters that they have no right to decide or deal with, or deal with official duties in violation of regulations, resulting in heavy losses to public property, the state and the people's interests. According to "Provisions of the Supreme People's Procuratorate on the Criteria for Filing Crimes of Dereliction of Duty and Infringement" (adopted at the 49th meeting of the 10th Procuratorial Committee in the Supreme People's Procuratorate on February 29th, 2005) (1) Abuse of power case (Article 397), abuse of power means that the staff of state organs exceed their powers, illegally decide or handle matters that they have no right to decide or handle, or handle official duties in violation of regulations, resulting in public property and the state. Anyone suspected of one of the following circumstances shall be placed on file: 1, causing more than 1 person to die, or seriously injuring more than 2 people, or seriously injuring 1 person, slightly injuring more than 3 people, or slightly injuring more than 5 people; 2. Serious poisoning caused by 10 or more people; 3. Causing direct economic loss of personal property of more than 654.38+million yuan, or direct economic loss of less than 654.38+million yuan, but indirect economic loss of more than 500,000 yuan; 4. Causing direct economic losses of more than 200,000 yuan to public property or the property of legal persons and other organizations, or direct economic losses of less than 200,000 yuan, but indirect economic losses of more than 6,543,800 yuan; 5. Although it does not meet the standards of Grade 3 and 4, the total direct economic losses of Grade 3 and 4 are more than 200,000 yuan, or the total direct economic losses are less than 200,000 yuan, but the total indirect economic losses are more than 6,543,800 yuan; 6, causing companies, enterprises and other units to suspend business, stop production for more than 6 months or go bankrupt; 7. Failing to report, delaying reporting, making a false report or instigating, instigating or forcing others not to report, delaying reporting or making a false report, resulting in the continuation and expansion of the harmful results of serious accidents, or delaying rescue, investigation and handling; 8, serious damage to the national reputation, or cause adverse social impact; 9 other circumstances that cause heavy losses to public property, the interests of the state and the people. Any functionary of a state organ who abuses his power and meets the conditions for the crime of special dereliction of duty in Chapter IX of the Criminal Law shall be investigated for criminal responsibility in accordance with the special provisions; If the subject does not meet the requirements of the special crime of dereliction of duty stipulated in Chapter IX of the Criminal Law, but the abuse of power is suspected of one of the circumstances stipulated in Items 1 to 9 of the preceding paragraph, criminal responsibility shall be investigated for the crime of abuse of power in accordance with the provisions of Article 397 of the Criminal Law. There must be a causal relationship in criminal law between abuse of power and the result of causing heavy losses. The causal relationship between abuse of power and serious harmful results is complex, with direct and indirect reasons; There are primary reasons and secondary reasons; There is the responsibility of the leader, but also the negligence of the directly responsible personnel. If it constitutes a crime of abuse of power, it should be investigated for criminal responsibility, which means that there is an inevitable causal link between abuse of power and serious harm to the results. Otherwise, it generally does not constitute a crime of abuse of power, but it belongs to the wrong problem in general work and should be handled by the administrative department.
Legal basis:
1, Provisions of the Supreme People's Procuratorate on the Standards for People's Procuratorates to Directly Accept Investigation Cases II. Cases of Dereliction of Duty (1) Cases of Abuse of Power (Article 397) (2) The crime of abuse of power refers to the act of state functionaries exceeding their powers, illegally deciding or handling matters that they have no right to decide or handle, or handling official duties in violation of regulations, resulting in heavy losses to public property, the state and the people's interests. Anyone suspected of one of the following circumstances shall be placed on file: (1) Causing more than 1 person to die, or seriously injuring more than 2 people, or slightly injuring more than 5 people; (2) Causing direct economic losses of more than 200,000 yuan; (three) causing the relevant companies, enterprises and other units to stop production, serious losses, bankruptcy; (four) serious damage to the national reputation, or cause adverse social impact; (five) other circumstances that have caused great losses to public property, the interests of the state and the people; (six) favoritism, with one of the above circumstances. 1. This crime refers to the abuse of power by the staff of state organs, resulting in heavy losses to public property, the interests of the state and the people. Two, the subject of this crime can only be the staff of state organs. The subjective aspect of this crime is intentional. The objective aspect of this crime is abuse of power, which has caused great losses to public property, state and people's interests. Three, this crime is a new charge added to the criminal law. Four, according to the Supreme People's Court's judicial interpretation of the charges, "the crime of engaging in malpractices for selfish ends" has been cancelled and decomposed into various new charges. Paragraph 2 of this article is only regarded as an aggravating circumstance. 2. the Supreme People's Procuratorate 1997 and 12 Opinions on the Application of Crimes as stipulated in the Specific Provisions of the Criminal Law have retained this crime. According to the Supreme People's Court's accusation system, there is no reservation. However, the Supreme People's Procuratorate's previous judicial interpretation of the crime of private consultation fraud is still useful for understanding this plot, so it is attached here, and the following charges will not be repeated here. In order to maintain the socialist legal system, promote strict law enforcement, punish corruption, and severely punish crimes of favoritism and malpractice according to law, according to the relevant provisions of the criminal law and other laws, some issues concerning the application of law in handling cases of favoritism and malpractice are explained as follows: 1. Judicial personnel, that is, those who are responsible for investigating, prosecuting, judging and supervising criminals according to law, covet money, protect relatives and friends, vent their anger and retaliate or have other selfish interests, and commit one of the following acts. Criminal responsibility shall be investigated in accordance with the provisions of Article 188 of the Criminal Law: (1) To investigate (or take compulsory measures), prosecute or accuse a person who knows that he is innocent, that is, he has not committed an act that endangers society, or who is obviously minor in circumstances and does not bear criminal responsibility according to the provisions of the Criminal Law, by forging, concealing or destroying evidence or by other means that conceal facts or violate the law, with the aim of investigating (or taking compulsory measures) criminal responsibility. (2) Forging, concealing or destroying evidence, or taking other means to conceal facts or violate the law, deliberately shielding a person who knows that he is guilty, that is, he has conclusive facts to prove that he has committed a crime, so that he will not be investigated (together with compulsory measures), prosecuted or tried; Deliberately covering up the criminal facts of non-prosecution, which can be all criminal facts or part of criminal facts or circumstances; (3) Deliberately violating facts and laws in the trial of criminal cases, bending the law to make judgments and rulings, so that the guilty are acquitted, and the innocent are convicted, or the felony is lightly sentenced or the misdemeanor is severely sentenced; (4) intentionally violating the truth, illegally changing compulsory measures, or actually letting them go after taking compulsory measures, causing the perpetrator to evade criminal investigation; (5) commutation, parole or temporary execution outside prison of criminals in violation of the law; (six) in the trial of civil, economic, administrative and other cases, deliberately distorting the facts, violating the law, practicing favoritism, and perverting the law; (seven) professional and technical personnel of judicial organs deliberately provide false materials and opinions in handling cases, or deliberately make false appraisal, which seriously affects criminal procuratorial activities. (1) State functionaries outside the judiciary take advantage of their positions to cover up criminals such as smuggling, arbitrage, speculation, major theft, drug trafficking and bribery, and conceal or cover up their criminal facts; (2) State functionaries who are responsible for smuggling, arbitrage, speculation, major theft, drug trafficking, bribery and the circumstances specified in the preceding paragraph fail to deal with them according to law; (3) State functionaries responsible for banning prostitution and whoring provide convenience for criminals to escape punishment; (4) State functionaries, taking advantage of their positions, deliberately shield enterprises, institutions or individuals who know that they have committed the criminal acts listed in the Supplementary Provisions on Punishment of the Crime of Counterfeiting Registered Trademarks from prosecution; State functionaries who have been investigated for the crimes listed in the above supplementary provisions fail to perform their duties as prescribed by law, and shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 188 of the Criminal Law; (5) State functionaries, taking advantage of their positions, deliberately shield enterprises, institutions or individuals who knowingly commit the criminal acts listed in the Decision on Punishing the Crime of Producing and Selling Fake and Inferior Commodities; State functionaries who are responsible for the investigation of enterprises, institutions or individuals who have committed the crimes listed in this decision, and who fail to perform the investigation duties prescribed by law, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 188 of the Criminal Law; (six) the staff of the patent office and the relevant state personnel (such as patent management personnel) engage in malpractices for personal gain, and the circumstances are serious; (seven) other laws clearly stipulate that criminal responsibility shall be investigated according to or by analogy with the crime of bending the law for selfish ends. Three, for units or small collectives to seek illegitimate interests and the implementation of the first and second acts, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law. Four, we must strictly grasp the conditions and circumstances of all kinds of acts of favoritism stipulated by law. To determine the criminal responsibility of a criminal who engages in malpractices for selfish ends according to law, we should comprehensively consider the losses caused by this act to the interests of the state, society and people, the losses caused to the life, personal and property rights and interests of the parties concerned, and the political impact. If the circumstances are obviously minor and the harm is not great, criminal responsibility shall not be investigated for the crime of bending the law for selfish ends. Misjudged cases caused by knowledge level and working ability should not be punished as the crime of bending the law for selfish ends. Because of the relationship between the superior and the subordinate, we have to carry out the wrong instructions from the superior, resulting in a wrong case. If there is no same intention and behavior of favoritism, criminal responsibility cannot be investigated for the crime of favoritism. Five, in collusion with judicial personnel or the law clearly stipulates that criminal responsibility should be investigated, in accordance with or mutatis mutandis the provisions of Article 188 of the Criminal Law, in collusion with the implementation of the criminal acts listed in this interpretation, criminal responsibility shall be investigated for the crime of * * *. Six, for favoritism, bribery, torture and other acts constitute a crime, shall be investigated for criminal responsibility in accordance with the principle of combined punishment for several crimes. Seven, after the release of this interpretation, criminal cases of favoritism and malpractice shall be handled according to this interpretation. Cases that have been dealt with according to law before the release of this interpretation will not be changed.