An actor who steals or uses another person's identity to obtain the qualifications for admission to colleges and universities, employment of civil servants and employment placement on behalf of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
1. What is the crime of going to college as an impostor?
Going to college as an impostor may constitute the crime of forging a resident identity card. Article 280 of the Criminal Law stipulates that anyone who forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can prove his identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, 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. Pretending to go to college often involves corruption, abuse of power and dereliction of duty, enrollment fraud and other issues.
Second, impersonating a university constitutes a crime.
1, object element
The object of this crime is the normal social management order, and the object is the right of others to receive education, work and treatment. Whether the impostor infringes on the impostor's right to enter school and join the army, or the impostor colludes with the impostor to commit imposter, it is a behavior that seriously interferes with the social management order.
2. Objective factors
Objectively speaking, the actor enjoys the education that others should receive, and the student status, position, identity, treatment, etc. obtained by using other people's names, taking the admission notice, forging files and household registration. Representing others or stealing others' interests. For example, obtain the impostor's specific qualifications in three aspects: higher education entrance qualification, civil servant employment qualification and employment placement treatment.
3. Main elements
The subject of this crime is the general subject. Mainly master teaching, student status management and account management related personnel.
4. Subjective factors
The subjective aspect of this crime is intentional.
Third, can you get a bail pending trial if you take an impersonation to participate in college crimes?
An impostor involved in a university crime can be released on bail pending trial. Zhaofa. Com reminds that Article 67 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2, may be sentenced to more than fixed-term imprisonment, taking bail pending trial will not cause social danger;
3. Suffering from serious illness, unable to take care of themselves, pregnant or nursing a baby, and taking bail pending trial will not cause social danger;
4, the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.