1、
Here is a brief introduction to this interpretation.
First of all, clarify the important legal concept-"national examination prescribed by law". According to the current relevant national laws and regulations, the "national examination prescribed by law" includes the following three types of examinations:
(a) the national education examination, including the entrance examination for ordinary colleges and universities, the entrance examination for graduate students, the self-study examination for higher education and the entrance examination for adult colleges and universities;
(two) civil service recruitment examination, including the central and local civil service recruitment examination;
(3) Professional and technical qualification examination, including national unified legal professional qualification examination, national teacher qualification examination, national unified examination for certified public accountants, professional and technical qualification examination for accountants, qualification examination for asset appraisers, qualification examination for doctors, professional qualification examination for licensed pharmacists, qualification examination for registered architects, qualification examination for builders, etc.
In the above-mentioned examinations, those who organize cheating, provide cheating equipment or other help for others to commit crimes, illegally sell or provide others with questions and answers of the corresponding examinations, or let others take the corresponding examinations instead of others all violate the criminal law and should be punished according to law.
Second, in addition to the above-mentioned exams, people who organize cheating in other exams, provide cheating equipment or other help for others to organize cheating, and illegally sell or provide exam questions and answers. , shall be investigated for criminal legal responsibility according to law. With this provision, the judicial organs will crack down on fraud in various examinations according to law, and offenders will be investigated for criminal legal responsibility according to law, so there will be no legal loopholes.
2. Case analysis
From 2065438 to 2004, I got to know Lu through the online forum and reached an agreement to hire Lu to take the upcoming national postgraduate entrance examination instead of myself.
Later, when Lu took the place of one of the subjects in the above exam, he was caught by the invigilator and reported to the police. Lu truthfully confessed to the police the act of replacing the exam. After learning that Lu was arrested, accompanied by his family, he voluntarily surrendered himself to the public security organs.
After trial, the court held that:
The defendant asked the defendant to take the postgraduate entrance examination on his behalf, and both defendants' actions constituted the crime of taking the exam instead. Lu has the mitigating circumstances of truthfully confessing his crimes and surrendering himself, and he is given a lighter punishment.
Considering the specific circumstances of this case, the court sentenced the defendant Lu to one month's criminal detention and fined him RMB 20,000. Defendant Wu Mou was detained for one month and fined RMB 10,000.
3. Counsel's suggestion
People who cheat in exams, once found, whether they violate the criminal law or not, are a stain on their lives, especially for college students; If you suffer criminal punishment for this, the criminal record will bring a series of irreversible adverse effects to the subsequent life of the parties.
For classmates and friends, in the face of any exam, whether from the perspective of honesty and law-abiding, or from the perspective of interest measurement, we should adhere to principles and stay away from exam fraud; Don't be smart enough to take advantage of the law, lest you be caught and regret it.