[Empirical Disciplinary Law] How to do a good job in the definition and processing of personnel involved in the implementation of crime cases in accordance with the Regulations on the Implementation of the Supervision Law

(Original title: How to do the definition and treatment of personnel involved in the case of duty crimes in accordance with the Regulations on the Implementation of the Supervision Law? Judgment the nature of the behavior in accordance with the law to grasp the effect of the nature of the behavior)

The person involved in the case of duty crime refers to other persons who have disciplinary and legal responsibilities except for the investigators in the case in addition to the investigators of the case. If the unit violates the law and violates the law, the person in charge of the unit is directly responsible for the person in charge and other directly responsible persons involved. The "Regulations on the Implementation of the Supervision Law of the People's Republic of China" (hereinafter referred to as the "Regulations") further clarified the jurisdiction and disposal of the personnel involved in the crime case. In practice, the following issues need to be accurately grasped.

Scope of the person involved. In practice, the person involved in duty crime cases generally include two categories: First, the person who needs to use or use the public power of the main case to achieve the purpose, including the criminal criminal criminals, and the criminals, such as the common bribes and bribes in the bribery case. And use influence to accept bribes. Second, the main case's criminal behavior needs to be used or used by the person who introduces or use it. Relatives and friends who have forged evidence. According to the provisions of Article 32, 46 of the Regulations, we believe that whether it belongs to the person involved in the case should be defined from three aspects. The first is correlation. The person involved should be related to the facts of the main case, and should use the positive role of the criminal constituent component of the criminal constituent as the judgment criteria (the positive effect on the result). For example, in the mediation and bribery, if the bribery person who commissions through multiple "other national staff" commissioned the implementation of profit -making behaviors, the relevant trustees (or instructed) to obtain benefits for others should consider whether they belong to the person involved in the case. Essence The second is illegal. Refers to the person involved in the case of violations of discipline and law. If parents obtain personnel interests for their children through bribery, but if their children do not know, their parents are involved in the case. The children do not deal with the person involved in the case because they have not implemented violations of discipline and violations; The illegal benefits of behavior are corrected. The third is responsibility. The person involved in the case shall bear the responsibility of discipline and law, and take subjective cognition and responsibility as the criterion. If you do not have a complete criminal responsibility and implement criminal acts, in addition to correcting the unfair interests it obtained, it will no longer be dealt with by the person involved in the case of a crime case.

Jurisdiction of the person involved. If the person involved is a public official, the administrative authority is dominated by the jurisdiction of management authority and assisted by the designated jurisdiction. In order to be appropriate, you can report to the subordinate supervisory authority to designate the underwriting government jurisdiction. Opinions such as party discipline and government affairs and organizational treatment of party members and public officials shall be made in accordance with the management authority (unit) in accordance with the management authority. If the person involved in the case is non -public official, the jurisdiction is generally distinguished from different circumstances: First, if the crime of suspected joint duties or bribery, and bribery, the supervisory authority of the main case is under the jurisdiction. The second is that if he is suspected of using influence to accept bribery, it is determined by the management authority of the public officials he uses. Third, if illegal acts outside the jurisdiction of the supervision organs shall be transferred to the public security organs and other authorities to deal with it in a timely manner, and strengthen coordination and coordination.

The handling effect of the person involved. The handling of the person involved should work hard to achieve three "precision". The first is to comprehensively obtain evidence and accurately distinguish the nature of the person involved. The identity of the person in the case is directly related to the results of the treatment. It is necessary to pay attention to the evidence collection of the subject of the person in charge of the person involved. The person involved in the case is a member of the Communist Party of China, the public officials, or the special identity of the party representative, the representative of the people's congress, and the members of the CPPCC, shall be retrieved. If the person involved in the case shall be retrieved, the natural identity and status of the person in charge of the unit and the direct responsibility of the unit and the directly responsible persons shall be retrieved. The second is to seek truth from facts, accurately distinguish crime and non -crime. In practice, the problem of how the person involved in the crime is suspected of crime. On the one hand, the concept of rule of law strictly implemented the legal rule of law, which is not obtained or socially harmful, and does not meet the constituent elements of crime. If you do not have the ability to criminal liability or have other responsibilities, it is not determined to be criminal. If the person involved in the case constitutes the crime of issuing loans illegal, it is necessary to investigate whether it is "violated state regulations" and cannot be identified as a crime for violating the internal rules and regulations of commercial banks. On the other hand, it is necessary to grasp the plot of the width and resolutely avoid the facts of changing the facts of the person involved in the case. For those who are suspected of severe crimes, huge amounts, harsh amounts, or suspected of multiple crimes, multiple crimes, and deeper participation in crimes, they are resolutely punished. The third is to find differences and accurately apply policies. There are many cases involved in the case in practice. Neither can not be "only theory", nor can it be "a bowl of water" and "more money" and "more money". Save the effect. When proposing handling opinions, the particularity of different personnel involved should be distinguished. In addition to the general principles of the personnel handling of the person involved, the identity of the person in the case of the person involved in the case should be listed one by one. The consideration of the plot should be shown that the person involved in the case, the attitude of understanding after the case, and the effect of the investigation of the case. In addition, the case contracting department and the trial department of the case should also be in the supervision and inspection department of the counterpart contact to strengthen the follow -up and supervision of the follow -up processing situation, prevent the handling of the personnel involved for a long time, and timely regulate and deal with it. (This article was published in the 17th issue of "China Discipline Inspection and Supervision" magazine 2022, author: Meng Xiangzheng, Henan Provincial Commission for Discipline Inspection)

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