Charge of Duty Crime. Conviction. Sentencing Standards (Latest Version 2005)

Author: Compiled by China Legal Publishing House
Publisher:
Publish Date: 2005-03-01
Features: The People's Courts, People's Procuratorates, or Public Security Organs require certain standards for initiating cases. The standard for initiating a case refers to the threshold of amount or circumstances required for the objective aspect of a crime, which can be categorized into amount standards, circumstance standards, act standards, result standards, and danger standards. The standard for conviction refers to the elements of a crime. The elements of a crime include the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime. Conviction also requires attention to the distinction between crime and non-crime, between this crime and that crime, as well as the issue of one crime versus multiple crimes. The standard for sentencing is the measure used by the People's Courts to impose penalties after determining the crime. Sentencing must consider the circumstances. Sentencing circumstances can be divided into statutory circumstances and discretionary circumstances, lenient circumstances and severe circumstances. Lenient circumstances include lenient punishment, reduced punishment, and exemption from punishment. To help judges, procurators, public security officers, lawyers, and other citizens fully and accurately understand relevant criminal law provisions, facilitate case handling, we have invited experts and scholars from the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, China University of Political Science and Law, and Peking University to compile the "Standards for Initiating, Convicting, and Sentencing Series." This series is divided into three volumes: "Standards for Economic Crime," "Standards for Duty Crime," and "Standards for Ordinary Criminal Crime." The series has the following features: 1. Practical. The series is structured according to the needs of case handling, with specific sections for each crime, including [Definition], [Standard for Conviction], [Standard for Initiating a Case], [Standard for Sentencing], [Standard for Evidence], [Standard for Distinction], and [Legal Basis]. The [Standard for Distinction] includes "Crime vs. Non-Crime," "This Crime vs. That Crime," "One Crime vs. Multiple Crimes," and "Aggravated vs. Mitigated Punishment." 2. Latest. The series is compiled based on the latest effective laws, criminal regulations, and judicial interpretations as of December 31, 2004. 3. Accurate. The authors of the series are doctors who work in public security, procuratorates, courts, and teaching and research, with solid legal foundations and a deep understanding of judicial practice, ensuring the accuracy of the content. 4. Convenient. The entire series is presented in a tabular format, making it easy to understand and quickly find information.