"Interpretation of the Supreme People's court, the Supreme People's Procuratorate on handling the issues concerning the application of law of criminal cases (a)"

"Interpretation of the Supreme People's court, the Supreme People's Procuratorate on handling the issues concerning the application of law of criminal cases (a)" the Supreme People's Court on July 9, 2012, September 12, 2012 the 1552nd meeting of the judicial committee of the Supreme People's Procuratorate procuratorial committee eleventh session of the seventy-ninth meeting of the, is hereby promulgated, shall enter into force as of January 9, 2013.

                                                                         Supreme People's court

                                                                        December 7, 2012

Interpretation of the Supreme People's court, the Supreme People's Procuratorate on handling the issues concerning the application of law of criminal cases (a)

(by the Supreme People's court in July 9, 2012 1552nd session of Eleventh September 12, 2012, the judicial committee of the Supreme People's Procuratorate procuratorial committee seventy-ninth Conference)

To punish the crime of malfeasance, according to the relevant provisions of the criminal law, we will handle the issues concerning the application of law of criminal cases are interpreted as follows:

First national office working personnel breach of privilege or be forgetful of one's duties, one of the following circumstances, should be identified as the criminal law 397th stipulation "cause public property, the interests of the state and the people to suffer heavy losses":

(a) caused the death of 1 people, and injured more than 3 people, or slightly more than 9, or 2 wounded, injured more than 3 people, and injured 1 people, injured more than 6 people;

(two) caused economic losses of 300000 yuan of above;

(three) the adverse social impact;

(four) other circumstances cause public property, the interests of the state and the people suffered a major loss.

Any of the following circumstances, should be identified as the criminal law 397th stipulation "if the circumstances are especially serious":

(a) casualties to the preceding paragraph (a) provision number more than 3 times;

(two) caused economic losses of 1500000 yuan of above;

(three) the provisions of the preceding paragraph loss caused by the consequences, do not report, late, false or incite, instigate, or force others to fail to report, delay, lying about the accident, so that the losses sustained, expand or consequences of rescue work delay;

(four) caused very bad social influence;

(five) other especially serious circumstances.

Second any functionary of a state organ personnel breach of privilege or be forgetful of one's duties crime violates the criminal law, the ninth chapter 398th to 419th of these regulations, shall be convicted and punished in accordance with the.

Workers of state organs who breach of privilege or be forgetful of one's duties, because does not have the play favouritism and commit irregularities and other circumstances, does not comply with the provisions of the criminal law ninth chapters 398th to 419th, but the law constitute 397th provisions of the crime, crime of breach of privilege or be forgetful of one's duties is to be punished.

Third any functionary of a state organ personnel to carry out the malfeasance crime and bribery, and bribery crime in criminal law, except otherwise stipulated, the malfeasance crime and bribery crimes.

Fourth any functionary of a state organ personnel to carry out the malfeasance crime, indulge others or help others escaping from punishment, which constitutes a crime, in accordance with the provisions of the conviction and punishment of crime of malfeasance.

State organ personnel conspiring with others, by means of its duty to help others implement other crime, and constitute other crimes of the crime of conspiracy accomplice and implementation, in accordance with the provisions of punishment heavier punishment.

State organ personnel conspiring with others, not only by means of its duty to help others implement other crimes, but also the non official conduct and others to implement the other crimes, and the crime of malfeasance crime and other crime, crimes shall be convicted and punished in accordance with the.

Article fifth the state organs responsible personnel illegal decision, or instigating, incite, forcing other state personnel illegal or fails to perform his duties, constitute the criminal law ninth chapter malfeasance crime, shall be investigated for criminal responsibility according to law.

"Group study" implemented in the form of malfeasance crime, shall be investigated for criminal responsibility of state organs responsible personnel in accordance with the provisions of the criminal law ninth chapter. For the specific executive staff, should be in the nature of its behavior, that is the objections, harm result based on the size of the plot to decide whether criminal liability and shall be sentenced to a punishment.

The period for prosecution of sixth on the condition of the harm result crime of malfeasance harm results, calculated from the date of occurrence of the harmful consequences; a plurality, calculated from the last date of occurrence of the harmful consequences.

Article seventh in accordance with the law or the entrusted to exercise state administrative power company, enterprise, institution staff, in the exercise of administrative powers, breach of privilege or be forgetful of one's duties, which constitutes a crime, shall be in accordance with the "Standing Committee of National People's Congress of the people's Republic of China Criminal Law '' in Chapter ninth, the subject of crime of malfeasance is applicable to problems of interpretation" regulations, provisions of malfeasance crime shall be prosecuted for criminal responsibility.

Article eighth the interpretation of the provisions of the "economic loss", refers to the crime of malfeasance or malfeasance crime related crime case has actually caused the loss of property, including to save the crime of malfeasance losses caused by the payment of all expenses, costs etc.. After the case has brought economic losses to the ongoing public prosecution, shall be included in the economic loss caused by negligence.

The debtor by the statutory procedures is declared bankrupt, the debtor abscond, whereabouts unknown, or due to the responsibility of the perpetrator exceeded the limitation of action, the claims have been unable to achieve the unachievable, claim part shall be regarded as the crime of malfeasance economic loss.

Crime of malfeasance or malfeasance crime related criminal case, to restore economic losses of criminals and their relatives and friends, to restore the judicial organ or the crime unit and the superior departments in charge of economic losses due to objective reasons, or to reduce economic losses, shall not be deducted, but can be used as a discretionary lighter punishment plot.

Ninth responsible for the supervision and management responsibilities of the personnel of state organs breach of privilege or be forgetful of one's duties, which do not conform to the safety standards of food, poisonous and harmful food, counterfeit or substandard drugs, etc. into society, to the people's life and health, causing serious harmful consequences, in accordance with the provisions of Du vocational crime severely punished.

Judicial interpretation of article tenth the Supreme People's court, the Supreme People's Procuratorate issued inconsistent with this interpretation, this interpretation shall prevail.

Appendix:

1, the "PRC Criminal Law" the relevant provisions of malfeasance crime
The ninth chapter of crime of Malfeasance
Article 397th [] [] the crime of breach of privilege be forgetful of one's duties crime of state functionaries breach of privilege or be forgetful of one's duties, cause public property, the interests of the state and the people suffered a major loss, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison. The provisions of this act, in accordance with the provisions.
Workers of state organs who play favouritism and commit irregularities, the crime mentioned in the preceding paragraph, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years to ten years in prison. The provisions of this act, in accordance with the provisions.
Article 398th [deliberately leaking state secrets] [negligently divulges State secrets] state personnel who violate the provisions of the law on Guarding State secrets, intentionally or negligently divulges State secrets, if the circumstances are serious, is less than three years imprisonment or criminal detention; the circumstances are especially serious, three years more than seven years of fixed-term in prison.
Non state staff commits the crime, according to provisions of the preceding paragraph, the punishment.
Article 399th [] the crime judicial staff favoritism, abuse the law and practise favouritism, clearly knowing the man who is innocent and that he knows to be guilty of the accused, who does not make him intentionally protecting from prosecution, or in the criminal trial activities deliberately contrary to facts and the law perverting the law, and five years in prison or criminal detention; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison.
[civil, administrative perverting the law sin] deliberately contrary to facts and laws in civil, administrative proceedings and pervert the law, if the circumstances are serious, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years to ten years in prison.
[to enforce a judgment, ruling the dereliction of duty crime] [executive decision, ruled that the crime of breach of privilege] in the enforcement of judgments, ruled activities, seriously irresponsible or breach of privilege, not to take preservation measures, actions do not perform their statutory duties, or illegally take preservation measures, the compulsory execution measures in litigation, the parties or other people's interest to suffer great loss, is less than five years imprisonment or criminal detention; resulting in the parties or other people's interests in particular suffered heavy losses, more than five years to ten years in prison.
The judicial personnel accepting bribes, former three acts, but also constitute the 385th article of this law the provisions of the crime, in accordance with the provisions of punishment heavier punishment.
One of 399th [Law bending arbitration]
Assume the duties, deliberately contrary to facts and the law in the arbitration of pervert the law ruling, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.
Article 400th [con stitutive requirements] judicial work personnel who put the suspect, defendant or criminal, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison.
[result] duty prisoners escape judicial staff, because of serious irresponsibility, resulting in the suspect, defendant or criminal escape, resulting in serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, three years to ten years in prison.
Article 401st [play favouritism and commit irregularities commutation, parole, the temporary execution outside prison] the crime of judicial staff play favouritism and commit irregularities, does not meet the commutation, parole, the temporary execution outside prison conditions of the criminals, commutation of punishment, parole or temporary execution outside prison, is less than three years imprisonment or criminal detention; if the circumstances are serious, department for more than three years seven years in prison.
Article 402nd [play favouritism and commit irregularities non transferringcriminal cases] administrative law enforcement personnel to play favouritism and commit irregularities, shall be transferred to judicial organs for investigation of criminal responsibility is not over, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the consequences are serious, department for more than three years to seven years in prison.
Article 403rd the abuse of authority, management of securities companies [crime] relevant competent departments of the State functionaries of state organs, play favouritism and commit irregularities, breach of privilege, does not meet the conditions required by law, the company registration or stock, bond issuance, listing application, to approval or registration, cause public property, the interests of the state and the people suffered a major loss, is less than five years imprisonment or criminal detention.
The superior departments forced registration organ and its staff in the implementation of the acts mentioned in the preceding paragraph, the directly responsible persons in charge, shall be punished in accordance with the provisions of the preceding paragraph.
Article 404th [play favouritism and commit irregularities did not sign, collecting less tax crime] the tax authority staff play favouritism and commit irregularities, not sign or undercollect the amount of tax payable, resulting in serious losses of state revenues, is less than five years imprisonment or criminal detention; especially heavy losses are caused, the Department for more than five years in prison.
Article 405th [regulations play favouritism and commit irregularities sale invoices, tax, export drawback.] tax authority staff in violation of laws, administrative regulations, play favouritism and commit irregularities sale invoices, tax, export tax rebates for work,, resulting in heavy losses of the national interests, is less than five years imprisonment or criminal detention; causing especially major losses to the interests of the state, where more than five years in prison.
[illegal export tax rebate vouchers crime] other staff of state organs in violation of state regulations, play favouritism and commit irregularities in the provision of export goods declaration, export verification single export tax refunds, work, resulting in serious losses to the interests of the state, in accordance with the provisions of the preceding paragraph punishment.
Article 406th [national office working personnel to perform the contract signed, the crime of dereliction and being deceived] staff of state organs in the process of signing and fulfilling the contract, because of serious irresponsibility, fraud, causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; if especially heavy losses are caused to the interests of the state, three more than seven years of fixed-term.
The provisions of article 407th [illegal issuance of the tree cutting license sin] the competent forestry department staff in violation of the forestry law, exceed the approved annual cutting quota issues forest tree felling license or in violation of the provisions of spamming the tree cutting license, if the circumstances are serious, resulting in serious damage to the forest, is less than three years imprisonment or criminal detention.
Article 408th [environmental supervision and dereliction of duty crime] responsible for the supervision and management of environmental protection of the state organs work seriously irresponsible, causes a serious environmental pollution accident, resulting in serious losses or serious consequences caused personal injury to public and private property, is less than three years imprisonment or criminal detention.
State organ personnel one of 408th [food regulatory malfeasance] responsible for food safety supervision and management duties, breach of privilege or be forgetful of one's duties, causing a major food safety accidents or other serious consequences, is less than five years imprisonment or criminal detention; if the consequences are especially serious, department for more than five years to ten years in prison.
Play favouritism and commit irregularities committed the crime mentioned in the preceding paragraph, shall be given a heavier punishment.
The administrative departments of public health of 409th [] epidemical prevention and cure in prevention and treatment of infectious diseases of seriously irresponsible staff, resulting in the communication and spread of infectious diseases, if the circumstances are serious, is less than three years imprisonment or criminal detention.
Article 410th [illegal approval of the expropriation, land occupation crime] [the illegal transfer of state-owned land use rights crimes] staff of state organs play favouritism and commit irregularities, in violation of laws and regulations, breach of privilege management of land, illegal approval of the expropriation, or occupation of land, illegal transfer of state-owned land use rights, if the circumstances are serious, is less than three years imprisonment or criminal detention; resulting in heavy losses to the state or collectives, three to seven years in prison.
Article 411st [indulging smuggling] Customs personnel play favouritism and commit irregularities, connives at smuggling, if the circumstances are serious, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years in prison.
Article 412nd [commodity] play favouritism and commit irregularities of the State Administration for commodity inspection, commodity inspection agency staff play favouritism and commit irregularities, forge inspection results, is less than five years imprisonment or criminal detention; if the consequences are serious, department for more than five years to ten years in prison.
[the] the dereliction of duty personnel listed in the preceding paragraph seriously irresponsible, to inspect goods without inspection, or delays the inspection certificate, false certificates, thus causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention.
Article 413rd [crimes] play favouritism and commit irregularities of animal and plant quarantine of animal and plant quarantine organ personnel play favouritism and commit irregularities, forges a quarantine result, is less than five years imprisonment or criminal detention; if the consequences are serious, department for more than five years to ten years in prison.
Animal and plant quarantine dereliction of duty crime [] the people listed in the preceding paragraph seriously irresponsible, to conduct quarantine inspection of the items not quarantine, or delay quarantine certificates, false certificates, thus causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention.
Article 414th [indulgence of manufacturing and selling shoddy goods crime crime] on the production, sales of fake and shoddy goods crime behavior has the staff of state organs, accountability play favouritism and commit irregularities, not to perform their duties under the law, if the circumstances are serious, place below five years in prison or detention.
Article 415th [to secretly cross the national boundary (edge) exit personnel entry and exit certificate sin] [release to secretly cross the national boundary (edge) exit persons responsible for the crime] state organ staff for passport, visa and other entry-exit certificates, if is an attempt to secretly cross the national boundary (edge) exit personnel, to deal with entry and exit certificate, or border, customs functionaries of state organs, to who knowingly (edge) exit personnel, to be released, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.
Article 416th [not to rescue the kidnapped, kidnapping of women, child crime] on the staff of state organs trafficking, kidnapping of women, children with rescue responsibility, was abducted, kidnapped women, children and their families to require or received other people's report, and abducted, kidnapped women, children do not the rescue, resulting in serious consequences, is less than five years imprisonment or criminal detention.
[to obstruct rescue abducted, crime of kidnapping women and children] State functionary in charge of rescue responsibility by taking advantage of his position to obstruct rescue, department for more than two years of imprisonment less than seven years; if the circumstances are relatively minor, is less than two years imprisonment or criminal detention.
Article 417th [the crime of helping criminals escape punishment] a functionary of a state organ suppressed crime responsibility, provide convenience to criminals, send news secretly, help criminals escape punishment, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to ten years in prison.
Article 418th [students] play favouritism and commit irregularities recruiting public servants, crime of state functionaries in the recruitment of civil servants, students work play favouritism and commit irregularities, if the circumstances are serious, is less than three years imprisonment or criminal detention.
Article 419th [dereliction of duty caused damage, loss of precious cultural relics crime] workers of state organs who neglect of duty, causes damage to or loss of precious cultural relics, if the consequences are serious, is less than three years imprisonment or criminal detention.
2, the National People's Congress Standing Committee on the "problem of the subject of the people's Republic of China Criminal Law" the ninth chapter of crime of malfeasance (through December 28, 2002 ninth session of the National People's Congress Standing Committee of the thirty-first meeting)
The NPC Standing Committee according to the encountered in judicial practice, and discusses the application problems of criminal law ninth chapter of crime of malfeasance, explained as follows:
Personnel engaged in the business of the exercise of state administrative authority in accordance with the provisions of laws, rules and regulations on the organization, or engage in business in the state organs entrusted on behalf of the state organs exercise their functions and powers of the people in the organization, or are not included in the national staffing agencies engaged in public affairs in state organs and personnel, in the exercise of functions and powers on behalf of the state organs, negligence, which constitutes a crime, criminal responsibility shall be investigated in accordance with the provisions of the criminal law on the crime of malfeasance.
Hereby announcement.