How to judge whether it constitutes a crime of dereliction of duty and leads to the escape of detainees?

(1) object element. The object of this crime is the normal activities of judicial organs, mainly referring to the normal order of supervisory organs, (2) objective elements. Objectively, this crime is manifested as the behavior of judicial staff who neglect their duties and seriously fail to perform their supervisory duties, which leads to the escape of criminal suspects, defendants or criminals in custody and causes serious consequences. The so-called escape refers to the escape of detained criminal suspects, defendants or criminals from detention centers, detention centers, prisons, juvenile correctional institutions and other places of detention. , or escape the supervision of judicial organs and their staff during the escort or trial. Although detained, but not detained criminal suspects, defendants, criminals, but by administrative and judicial detention, reeducation through labor personnel escaped from other personnel, can not constitute this crime, if it constitutes a crime, it should also be considered as negligence. The so-called serious irresponsibility refers to the failure to take relevant guarding and supervision measures in the detention place and escort process; Leaving the guard or supervisory post without authorization; Failing to take effective preventive measures in time when the criminal suspect, defendant or criminal is found to have signs of escape; When a criminal suspect, defendant or criminal escapes, he fails to organize a chase in time. The escape of criminal suspects, defendants and criminals in custody is caused by the negligence and serious irresponsibility of the actors. If there is no dereliction of duty or serious irresponsibility, or although there is dereliction of duty and serious irresponsibility, there is no causal relationship with the escape of detainees in criminal law, and this crime cannot be punished. This crime belongs to consequential crime, and it only constitutes a crime if it causes serious consequences. Causing serious consequences generally means causing an important criminal suspect, defendant or criminal to escape. Causing many suspects, defendants or criminals to escape: the investigation, prosecution and trial of a case are seriously affected by the escape of the suspects and defendants; after the suspects, defendants or criminals escape, they retaliate against the accusers, prosecutors, witnesses and judicial staff and continue to commit crimes, which is harmful to society. According to the Supreme People's Procuratorate 1 9/6, 1999, "Provisions on the Standards for People's Procuratorates to Directly Accept Cases for Investigation" (for Trial Implementation), a case should be filed if it is suspected of one of the following circumstances: (1) A criminal suspect who may be sentenced or has been sentenced to fixed-term imprisonment, life imprisonment or death penalty for more than 10 years according to law. (2) Causing a criminal suspect, defendant or criminal to escape for more than three times, or causing more than three criminal suspects, defendants or criminals to escape at one time; (3) After a criminal suspect, defendant or criminal escapes, he retaliates against the accuser, prosecutor, victim, witness or judicial staff, or continues to commit crimes, thus endangering society; (4) Other acts that cause criminal suspects, defendants and criminals in custody to escape and cause serious consequences. (3) Main elements. The subject of this crime is a special subject. Like the crime of releasing detainees without permission, only judicial staff can constitute this crime. (4) Subjective factors. Subjectively, this crime must be due to negligence, but it is aimed at the consequences of the prisoner's escape, and its dereliction of duty is manifested in knowing. Intention cannot constitute this crime. If it constitutes a crime, it should be the crime of releasing detainees without permission.

legal ground

Criminal law of the people's Republic of China

Article 400 Any judicial officer who releases a criminal suspect, defendant or criminal in custody without permission 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.

Judicial personnel who are seriously irresponsible and cause criminal suspects, defendants and criminals in custody to escape, resulting in serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.