Criminal law of the people's Republic of China

Article 399 Any judicial officer who, in criminal trial activities, bending the law causes a person who knows that he is innocent to be prosecuted, intentionally shields a person who knows that he is guilty from being prosecuted, or makes a perverted judgment in violation of facts and laws, 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.

Deliberately violating facts and laws and perverting the law in civil and administrative trial activities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

Judicial personnel who commit the acts mentioned in the preceding two paragraphs and commit the crimes specified in Article 385 of the Cost Law shall be convicted and punished in accordance with the provisions of heavier punishment.

Limitation of prosecution in criminal law

The limitation of prosecution is to stipulate the limitation of prosecution with different lengths according to the severity of legal punishment for various crimes:

1. If the statutory maximum penalty is less than five years' imprisonment, the limitation period for prosecution shall be five years;

2. If the statutory maximum penalty is more than 5 years but less than 10 year, the limitation period for prosecution is 10 year;

3. If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the limitation period for prosecution is 15 years;

4. If the statutory maximum punishment is life imprisonment or death penalty, the limitation period for prosecution shall be twenty years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.

Extended data

The Ministry of Supervision publicly exposed four typical problems of dereliction of duty? 2 1 person punished "

According to the website of the Supervision Department of the Central Commission for Discipline Inspection, recently, the Ministry of Supervision urged the relevant local supervisory organs to investigate and hold accountable four typical cases of dereliction of duty, and give disciplinary action or organization to 2 1 responsible personnel. These four questions are:

Feixiang County Government, Jiudian Township Government and relevant departments in Hebei Province failed to perform their duties and failed to investigate and deal with the illegal occupation of cultivated land by a breeding company, which led to the long-term failure to correct the illegal occupation of cultivated land by enterprises, and 45 mu of cultivated land was destroyed due to the establishment of the factory.

Wang Yuncheng, deputy head of Feixiang County, was given an administrative warning, Li, head of Jiudian Township, was given an administrative demerit, Tao Chong, director of Feixiang County Land and Resources Bureau, was given an administrative demerit, and Gao, a full-time member of the Judicial Committee of Feixiang County People's Court, was given an administrative demerit.

The government of Pingyu County, Henan Province and relevant departments failed to implement the requirements of the higher authorities on banning environmental illegal enterprises, and the work was slow to advance, and the law enforcement of environmental illegal acts was not strict, resulting in more than 20 enterprises that should have been banned illegally producing and discharging waste gas and wastewater for a long time.

Wang Zhaojun, secretary of Pingyu County Party Committee, and Zhang Huaide, county magistrate, were admonished; Yang Li, deputy magistrate of Pingyu County, was punished by administrative demerit; Hu Chaofeng, deputy director of Pingyu County Environmental Protection Bureau, and Huo Lin, deputy director of Pingyu County Industrial Cluster Management Committee, were subject to administrative demotion.

The government of Chun Hu Town, Fenghua City, Zhejiang Province and the land department prevaricated about the illegal construction reported by the masses, neglected the supervision of illegal construction, and failed to enforce the law. The whistleblower has reported to many departments for more than three years, and the illegal building was still completed on 20 12 and has not been demolished. Wu Chunmao, then deputy mayor of Chun Hu Town, was given administrative demerit, and Zhang Haizhong, then deputy director of Chun Hu Town Land and Resources Institute, was given administrative warning.

The urban management law enforcement department of Chongming County in Shanghai failed to perform its duties according to law, and it has been found that the illegally built platform has not been handled according to legal procedures. The whistleblower reported to the relevant departments seven times that the illegal building had not been demolished. Administrative warning was given to the deputy captain of Chongming County Urban Management Law Enforcement Brigade, and Gu Administrative, the head of the Logistics Support Section of the County Urban Management Law Enforcement Brigade, was given a demerit.

The relevant person in charge of the Ministry of Supervision pointed out that some of these four cases of dereliction of duty did not perform their duties according to law, neglected management, and were lax in law enforcement and control. Some work is perfunctory and ignores the interests of the masses, reflecting that some local governments and departments are not aware of administration according to law, and the problem of lazy administration is still outstanding. Some cadres in party member still have bad style and bureaucracy.

These problems have damaged the vital interests of the masses and eroded the credibility of the party and the government, which is not allowed by discipline.

The relevant person in charge of the Ministry of Supervision stressed that the right must be responsible, the right to use should be supervised, and dereliction of duty should be investigated. Supervisory organs at all levels should strengthen supervision and inspection of the performance of local governments and functional departments, and urge governments at all levels and party member cadres to perform their duties correctly and dare to be responsible according to law.

We must put discipline and rules ahead and be strictly accountable. Those who fail to perform their duties according to law, resulting in the central government's decision-making and deployment, reform measures and the implementation of the policy of benefiting the people are not in place, do not seek their own affairs, ignore the interests of the masses, and are indifferent to market supervision, public safety, ecological environment protection, etc., causing major problems and adverse effects, and seriously investigate the responsibilities of relevant leaders and responsible personnel according to discipline and regulations.

It is necessary to unblock the channels for finding problems, attach importance to the supervisory role of the masses, and quickly investigate and handle outstanding problems such as dereliction of duty and abuse of power reflected by the masses, and always pursue responsibility. Typical cases are publicly exposed by name, which promotes the government's administration according to law through accountability and promotes the transformation of grassroots party style and political style.

China People's Congress Network-People's Republic of China (PRC) Criminal Law

Baidu encyclopedia-? Limitation of criminal proceedings

People's Daily Online-Ministry of Supervision publicly exposed four typical problems of dereliction of duty, and 2 1 person was punished.