The crime of bending the law for selfish ends refers to the act of bending the law, a judicial staff member, who makes people who know that he is innocent prosecuted, deliberately shields people who know that he is guilty from prosecution, or deliberately violates facts and laws to bend the law in criminal trial activities.
According to the public security administration punishment law
Article 79? The investigation of public security cases by public security organs and their people's police shall be conducted according to law. It is strictly forbidden to extort confessions by torture or collect evidence by threats, enticements, deception and other illegal means.
Evidence collected by illegal means shall not be used as the basis for punishment.
Article 1 16? If the people's police handle public security cases and commit any of the following acts, they shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(eleven) there are other circumstances of favoritism, abuse of power, and failure to perform legal duties according to law.
According to the Supreme People's Procuratorate's Provisions on the Criteria for Filing Crimes of Dereliction of Duty and Infringement, anyone suspected of any of the following circumstances shall be placed on file:?
(1) Forging, concealing or destroying evidence, or concealing facts by other means, or violating laws and regulations, and filing, investigating, prosecuting or sentencing a person who knows there are no criminal facts or who should not be investigated for criminal responsibility according to law; ?
(2) Forging, concealing or destroying evidence or concealing facts by other means, breaking the law, and deliberately shielding a person who knows that there are criminal facts and needs to be investigated for criminal responsibility, so that he cannot be placed on file, investigated, prosecuted or tried;
(3) By forging, concealing, destroying evidence or other means of concealing facts or violating the law, deliberately prosecuting a person with a heavier crime or prosecuting a person with a lighter crime;
(4) Whoever conceals facts or violates the law by forging, concealing, destroying evidence or other means after filing a case shall take compulsory measures instead of compulsory measures, or after taking compulsory measures, the investigation is interrupted or no measures are taken beyond the statutory time limit, and the compulsory measures are actually abandoned or changed illegally, resulting in the criminal suspect and defendant actually being separated from the investigation control of judicial organs; ?
(5) Deliberately violating facts and laws in criminal trial activities and making a judgment that perverts the law, that is, finding guilty or innocent, or finding a felony lightly sentenced or a misdemeanor severely sentenced;
(six) other circumstances that should be investigated for criminal responsibility.
Extended data:
There are several forms of favoritism:
(1) Prosecute those who know they are innocent.
The so-called innocent people include not only those who have no criminal facts, but also those who have committed illegal acts but do not constitute a crime according to law. It also includes those who, according to Article 15 of the Criminal Procedure Law, should not be prosecuted although they constitute a crime. If the crime has passed, they will be pardoned from punishment.
The so-called prosecution means that innocent people should not be investigated, prosecuted and tried, but should be investigated, prosecuted and tried for bending the law's criminal responsibility.
(2) deliberately shielding a person who knows that he is guilty from prosecution.
The so-called guilty person refers to the person who constitutes a crime and should be investigated for criminal responsibility according to law.
The so-called intentional shielding from prosecution refers to the criminal facts that are intentionally shielded from investigation (including compulsory measures), prosecution or trial, which can be all criminal facts or some criminal facts and circumstances.
In addition, deliberately violating the truth, illegally changing compulsory measures or taking compulsory measures, but actually letting them go, causing criminal suspects to evade criminal prosecution, and professional and technical personnel of judicial organs deliberately providing false materials and opinions in handling cases, or deliberately making false appraisals, which seriously affects criminal prosecution activities, and so on. , should be punished for this crime.
(3) Deliberately violating facts and laws in criminal trial activities and making a judgment that perverts the law.
The so-called perverting the law refers to the conviction of innocence, conviction of more crimes and less crimes, conviction of innocence, conviction of fewer crimes and more crimes, or a light sentence for a felony and a heavy sentence for a misdemeanor. Different from the first two situations, the above two situations can occur in the process of filing, investigation, prosecution and trial of criminal proceedings, and investigators, prosecutors and judges can all become the subject of behavior and constitute crimes;
However, this situation only occurs in the process of criminal trial, and only criminal judges can commit this kind of behavior, which constitutes a crime.
Reference: Baidu Encyclopedia-Crime of bending the law for selfish ends