Charge, Conviction, and Sentencing Standards for Duty Crimes

Author: China Legal Publishing House
Publisher:
Publish Date: 2005-01-13
Features: The People's Courts, the Procuratorates, or the Public Security Organs need to have certain standards when initiating cases. The standard for initiating a case refers to the threshold for the amount or circumstances required for the objective elements of a crime, which can be categorized into amount standards, circumstance standards, act standards, result standards, and danger standards. The standard for conviction is the crime constitution. The crime constitution includes four essential elements: the object of the crime, the objective aspects of the crime, the subject of the crime, and the subjective aspects of the crime. When convicting, attention must also be paid 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 by which the People's Courts impose penalties after convicting. 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 separate sections for each crime, including [Definition], [Conviction Standard], [Initiation Standard], [Sentencing Standard], [Evidence Specification], [Definition Standard], and [Legal Basis]. The [Definition Standard] 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 most recent effective laws, criminal regulations, and judicial interpretations as of December 31, 2004.
3. Accurate. The authors of the series are Ph.D.s engaged in public security, procuratorial, judicial, and teaching/research work, 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.