Provisions of the Supreme People's Procuratorate on the Standards for Opening Investigation Cases of Dereliction of Duty and Infringement Crime -( )

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Publish Date: 2006-08-01
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Regulations of the Supreme People's Procuratorate on the Standards for Initiation of Cases Involving Dereliction of Duty and Infringement of Criminal Rights (Issued on July 26, 2006, Announced by the Supreme People's Procuratorate and implemented starting July 26, 2006, No. [2006]2 of Procuratorial Letters)
According to the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and other laws, the following standards for initiating cases involving the dereliction of duty by public officials and the implementation of crimes against citizens' personal rights and democratic rights by exercising power are stipulated as follows:
1. Cases of Dereliction of Duty
(1) Case of Abusing Power (Article 397)
The crime of abusing power refers to the act of public officials exceeding their authority, making illegal decisions or handling matters beyond their jurisdiction, or violating regulations in handling official affairs, resulting in significant losses to public property, the state, and the people's interests. Cases should be initiated if the following circumstances are suspected:
1. Causing the death of one person or more, or serious injury to two persons or more, or serious injury to one person and minor injury to three persons or more, or minor injury to five persons or more;
2. Causing severe poisoning in ten or more people;
3. Causing direct economic losses to personal property of 1 million or more RMB, or direct economic losses of less than 1 million RMB but indirect economic losses of 500,000 RMB.
Regulations of the Supreme People's Procuratorate on the Standards for Initiation of Cases Involving Dereliction of Duty and Infringement of Criminal Rights (Issued on July 26, 2006, Announced by the Supreme People's Procuratorate and implemented starting July 26, 2006, No. [2006]2 of Procuratorial Letters)
According to the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and other laws, the following standards for initiating cases involving the dereliction of duty by public officials and the implementation of crimes against citizens' personal rights and democratic rights by exercising power are stipulated as follows:
1. Cases of Dereliction of Duty
(1) Case of Abusing Power (Article 397)
The crime of abusing power refers to the act of public officials exceeding their authority, making illegal decisions or handling matters beyond their jurisdiction, or violating regulations in handling official affairs, resulting in significant losses to public property, the state, and the people's interests. Cases should be initiated if the following circumstances are suspected:
1. Causing the death of one person or more, or serious injury to two persons or more, or serious injury to one person and minor injury to three persons or more, or minor injury to five persons or more;
2. Causing severe poisoning in ten or more people;
3. Causing direct economic losses to personal property of 1 million or more RMB, or direct economic losses of less than 1 million RMB but indirect economic losses of 500,000 RMB.