Related idioms of bending the law

The crime of bending the law for selfish ends (the crime of bending the law for selfish ends in Article 399 1 of the Criminal Law) refers to bending the law. A judicial officer, for personal purposes, bends the law and prosecutes a person who knows that he is innocent, deliberately shielding a person who knows that he is guilty from prosecution. Second, the object elements of the crime constitution (1) The object of this crime is the normal activities of the state judicial organs. Judicial organs are an important tool of people's democratic dictatorship and an important part of state institutions. They have the functions of protecting people, attacking enemies, punishing crimes and protecting socialist modernization. Judicial personnel have the power to enforce the law and enjoy the power of investigation, preliminary examination, arrest, prosecution and trial according to law. This requires them to be honest in law enforcement, loyal to the interests of the country and the people, loyal to the rule of law, loyal to the truth, act in strict accordance with the law, and strive to make the facts clear, the evidence conclusive, the qualitative accuracy, the legal procedures and no waste. If they abuse their power and pervert the law, they will damage the normal activities of the state judicial organs, their prestige among the people and the socialist legal system. The so-called judicial organ refers to the organ entrusted by the state to exercise judicial power and legal supervision. In China, it is the general name of people's courts, people's procuratorates and public security organs. The people's court is the judicial organ of the state and exercises judicial power according to law; The people's procuratorate is the legal supervision organ of the state and exercises procuratorial power according to law; The public security organ is a public security organ, responsible for the investigation, detention and pre-trial of some criminal cases. The public, procuratorial and legal organs are responsible for the division of labor, mutual cooperation and mutual restraint. (II) Objective Elements This crime is objectively manifested as bending the law's behavior in criminal proceedings. The so-called bending the law refers to deliberately distorting the facts and making a wrong judgment in violation of the law for personal purposes and self-interest. According to the provisions of this article, favoritism can be manifested in the following basic forms: first, people who know their innocence are prosecuted. The so-called innocent people include not only those who have no criminal facts, but also those who have committed illegal acts but do not constitute a crime according to law. It also includes those that constitute a crime but should not be investigated according to the provisions of Article 15 of the Criminal Procedure Law. For example, if the crime has passed the statute of limitations, those who have been exempted from punishment by pardon orders, and those who have not told or withdrawn from telling the crime dealt with according to the criminal law. The so-called prosecution means that innocent people should not be investigated, prosecuted or tried, while innocent people are investigated, prosecuted and tried for bending the law, and they are investigated for criminal responsibility. The second is to deliberately shield a person who knows that he is guilty from prosecution. The so-called guilty person refers to the person who constitutes a crime and should be investigated for criminal responsibility according to law. The so-called intentional shielding from prosecution refers to the criminal facts that are intentionally shielded from investigation (including compulsory measures), prosecution or trial, which can be all criminal facts or some criminal facts and circumstances. In addition, deliberately violating the truth, illegally changing compulsory measures, or actually letting them go after taking compulsory measures, causing criminal suspects to evade criminal prosecution, and professional and technical personnel of judicial organs deliberately provide false materials and opinions in handling cases, or deliberately make false appraisals, which seriously affects criminal prosecution activities, and so on. , should be regarded as the behavior theory of bending the law of this crime. Third, deliberately violating facts and laws and perverting the law in criminal trial activities. Different from the first two cases. The above two situations can occur in the process of filing, investigation, prosecution and trial of criminal proceedings, and investigators, prosecutors and judges can all become the subject of behavior, which constitutes this crime. However, this situation only occurs in the process of criminal trial, and only criminal judges can carry out this kind of behavior, which constitutes this crime. The so-called perverting the law refers to the conviction of innocence, conviction of more crimes and less crimes, conviction of innocence, conviction of fewer crimes and more crimes, or a light sentence for a felony and a heavy sentence for a misdemeanor. According to the "Provisions on the Criteria for Filing Cases Directly Accepted by People's Procuratorates" issued by the Supreme People's Procuratorate 1 September 6, 1999 (for Trial Implementation), anyone suspected of one of the following circumstances shall file a case: (1) Anyone who knows that he is innocent conceals the facts by forging, concealing or destroying certificates or other means, which violates the law and files a case for investigation. (2) Forging, concealing or destroying evidence or concealing facts by other means, violating the law, and deliberately shielding a person who knows that he is guilty, that is, knowing that there are criminal facts that need to be investigated for criminal responsibility, so that he is not subject to filing, investigation (including taking compulsory measures), prosecution or trial; (3) Deliberately violating facts and laws after filing a case, and should take compulsory measures instead of compulsory measures, or, although compulsory measures are taken, they interrupt the investigation without justifiable reasons or fail to take measures beyond the statutory time limit, and actually ignore them, and illegally lift or change compulsory measures, so that criminal suspects and defendants are separated from the investigation and control of judicial organs; (4) Deliberately violating facts and laws in criminal trial activities and making a judgment that perverts the law, that is, finding guilty or innocent, or giving a light sentence for a felony or a heavy sentence for a misdemeanor; (five) other acts of bending the law, not to prosecute, and bending the law. (III) Subject Elements The subject of this crime is a special subject, that is, judicial staff. According to Article 94 of the Law, judicial personnel refer to those who are responsible for investigation, prosecution, trial and supervision. The subject of this crime is mainly judicial staff engaged in investigation, prosecution and trial. Including investigators from public security, national security, prisons, military security departments and people's procuratorates; The people's procuratorates include prosecutors from special procuratorates such as railway transport procuratorates and forestry procuratorates; Judges of people's courts. People who are not the staff of the above-mentioned organs or who are the staff of the above-mentioned organs but do not have the duties of investigation, prosecution, trial and supervision, such as trade unions, party committees, judicial administration, etc. Generally, it cannot be the subject of this crime, and the person who constitutes this crime must be an accomplice of the crime. Investigators, that is, the staff of specialized agencies that exercise investigation power over criminal cases, such as those in charge of investigation in public security organs and people's procuratorates. Its functions and powers are to collect evidence, expose and prove crimes, investigate criminal suspects and implement necessary compulsory measures. Procurators mainly refer to prosecutors or persons with procuratorial duties. Their duties are to investigate, supplement investigations, examine and prosecute criminal cases directly accepted by procuratorates and transferred by public security organs, initiate public prosecutions and appear in court to support public prosecutions. According to the provisions of the Constitution and laws, supervise the investigation of public security organs, the trial activities of people's courts, the execution of judgments and rulings of cases, and the legality of prisons, detention centers and reform-through-labour institutions. A judge refers to a staff member who exercises judicial power in a court. Only the above-mentioned personnel can make bending the law and pervert the law in the activities of filing, investigation, preliminary examination, prosecution and trial. (IV) Subjective elements This crime is intentional subjectively, and negligence does not constitute this crime. The purpose of crime is to indulge criminals or to wronged good people. The motivation is bending the law, which is manifested in many ways: some seek personal gain and accept bribes; Have a plenty of revenge; Some are selfish, protecting and shielding relatives and friends; Have a plenty of bullying, bluffing and so on. Three. It is determined (1) that if a judicial officer does not have bending the law's motive, which leads to the wrong detention or wrong arrest of the party concerned, it generally does not constitute this crime, but it should be treated differently according to different situations. Those who are seriously bureaucratic, extremely irresponsible and act rashly, resulting in serious consequences, can be punished for dereliction of duty; If the circumstances are serious and cause certain consequences, the unit may be given administrative sanctions as appropriate; Those who are caused by inexperienced, subjective and one-sided thinking methods, or by tight tasks, many cases, poor investigation and study, unclear facts and evidence, or low policy level and insufficient professional ability should be criticized and educated as general work mistakes, so that they can sum up experiences and lessons, improve their policy level and professional ability, and improve their work; When necessary, disciplinary action shall be taken. (II) Accomplishment and attempted crime, this crime belongs to behavioral crime, that is, as long as the judicial personnel do enough to make a person who knows that he is innocent be prosecuted, or do enough to make a person who knows that he is guilty not be prosecuted, or make a judgment that violates the private law of fact, and complete all legal acts, regardless of whether the above acts achieve their goals, this crime is accomplished. If the judicial staff fails to continue to complete the statutory act due to reasons other than their will, such as being discovered and reported by others, or the criminal suspect or defendant surrenders, or the actor's work changes, etc., the acts they have already implemented are not enough to achieve the purpose of bending the law and perverting the law, which is an attempted crime. (3) The difference between the crime of bending the law for selfish ends and the crime of false accusation and frame-up is that (1) the subject of the crime is different. The subject of this crime is generally judicial staff; The subject of the crime of false accusation and frame-up is the general subject. (2) The targets of crimes are different. The object of this crime is the normal activities of judicial organs; Although the crime of false accusation and frame-up also hinders the normal work of judicial organs, it mainly infringes on the personal rights of others. (3) The objective differences of crimes. Objectively, this crime is manifested in the use of authority to prosecute the innocent, but not the guilty, and its behavior must be related to its official activities; Objectively, the perpetrator of the crime of false accusation and frame-up is mainly manifested in fabricating the criminal facts of others and reporting them. It has nothing to do with whether the actor holds a position or not. If judicial personnel do not take advantage of their position to fabricate criminal facts and falsely accuse and frame others, it cannot constitute the crime of bending the law for selfish ends, but can only be punished as the crime of falsely accusing and framing others. (4) The distinction between the crime of bending the law for selfish ends and the crime of shielding (1) The subject of the crime is different. The subject of this crime can only be judicial staff, which is a special subject; The crime of harboring is a general subject, that is, it can be constituted as long as it reaches the age of criminal responsibility and has the ability of criminal responsibility. (2) Different criminal methods. The crime of shielding realizes shielding behavior by means of false proof, helping to destroy criminal traces, concealing or destroying criminal evidence, and does not require taking advantage of one's position to shield; The cover-up means of this crime must be to use the position to cover up criminals through handling cases. (3) The time of committing crimes is different. A person who commits the crime of harboring can commit harboring at any stage after the crime, which can be carried out at the stages of investigation, pre-trial, prosecution and trial, or after the judgment; The cover-up behavior of the crime of bending the law for selfish ends usually occurs before the judgment. Judicial personnel who cheat and let criminals escape punishment after the judgment takes effect constitute the crime of releasing detainees without permission, but they cannot be punished as this crime. (5) The distinction between the crime of bending the law for selfish ends and perjury is different (1). The subject of this crime can only be judicial staff; The main body of perjury is four kinds of litigants in the process of investigation and trial, namely, witnesses, experts, recorders and translators. (2) The objective requirements are different. Objectively speaking, this crime must be to take advantage of his position to bending the law; In the crime of perjury, except that the appraiser, translator and recorder have certain identities and may commit perjury by taking advantage of their position, the witness only has the identity of a witness and knows the case, and does not require the identity conditions or take advantage of his position. This kind of crime has a wide range of criminal means. In addition to perjury, concealing or destroying evidence materials, it is also possible to misinterpret or abuse legal provisions, play with or violate litigation procedures in the process of prosecution and trial, so that innocent people can be prosecuted and guilty people cannot be prosecuted. However, in the process of investigation and trial, the perpetrator of perjury can only make false testimony, make records inconsistent with the facts, make appraisal contrary to the facts, and make translation inconsistent with the original intention. (3) The objects of criminal infringement are different. The object of this crime is the normal activities of judicial organs; The object of perjury is mainly the personal rights of citizens. 4. 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. If the circumstances are serious, it generally means that the criminal motive and means are bad, which has caused serious political influence and other serious harmful consequences. If the circumstances are particularly serious, it mainly means that the criminal motive and means are very bad, the victim's body and spirit are seriously damaged or died because of wrong prosecution and judgment, and the main criminals are sheltered, so that they can go on doing evil and cause public outrage. According to the third paragraph of this article, if a judicial officer commits the crime of accepting bribes and perverting the law, and at the same time constitutes the crime of accepting bribes, he shall be convicted and punished in accordance with the provisions of heavier punishment. V. Legal and Judicial Interpretation [Criminal Law Provisions] bending the law, a referee who perverts the law in the first and fourth paragraphs of Article 399, is sentenced to fixed-term imprisonment of not more than five years or criminal detention if he makes a person who knows that he is innocent be prosecuted, deliberately shields a person who knows that he is guilty from prosecution, or deliberately violates facts and laws in criminal trial activities; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less 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. [Judicial Interpretation] the Supreme People's Procuratorate's Provisions on the Standards for People's Procuratorates to Directly Accept Cases on File for Investigation (Trial) (1999.9.9 Gao Jian Fa Shi Zi [1999] No.2) II. Cases of dereliction of duty (5) Cases of perverting the law (Article 399) The crime of perverting the law refers to. Anyone suspected of any of the following circumstances shall be placed on file: 1. Forging, concealing or destroying evidence or concealing facts by other means in order to investigate (including taking compulsory measures), prosecute or try a person who knows that he is innocent, which violates the law; 2. Knowing that he is guilty, that is, knowing that there are criminal facts that need to be investigated for criminal responsibility, adopting forgery, concealment, destruction of evidence or other means to conceal the facts, breaking the law, and deliberately shielding him from filing a case, not investigating (including taking compulsory measures), not prosecuting or not trying; 3. After filing a case, he intentionally violates facts and laws, and should take compulsory measures instead of compulsory measures, or, although compulsory measures are taken, he interrupts the investigation without justifiable reasons or fails to take measures beyond the statutory time limit, and actually ignores compulsory measures, so that the criminal suspect and defendant are separated from the investigation and control of judicial organs; 4. Deliberately violating facts and laws in criminal trial activities, and making a judgment or ruling that perverts the law, that is, being convicted or innocent, or being given a light sentence for a felony or a heavy sentence for a misdemeanor; 5. Prosecution, non-prosecution, perverting the law and other behaviors of perverting the law. The Supreme People's Procuratorate's Interpretation on Applicable Legal Issues in Handling Private Arrest Fraud Cases (see the explanation of "Abuse of Power") points out that if a judicial officer commits the crime specified in Article 380 of the Cost Law by committing the acts mentioned in the preceding two paragraphs, he shall be convicted and punished according to the provisions of heavier punishment. Reply on whether non-judicial staff can constitute the crime of bending the law for selfish ends (the Supreme People's Procuratorate 200304 16): If non-judicial staff collude with judicial staff to implement the bending the law, which constitutes a crime, criminal responsibility shall be investigated for bending the law for selfish ends.