Understanding of several issues in the application of the law to the crime of perverting the law for

Hello, the constitutive elements of the crime of perverting the law for personal gain.

1) Subject matter elements.

The object of the offence is the normal activities of the judicial organs of the State and the judicial impartiality of the State. Judicial organs handling cases in accordance with the law and strictly enforcing the law are the concrete processes of achieving justice and fairness embodied in the state's criminal laws. If the functionaries of judicial organs bend the law for personal gain, they violate the just requirements of the law, seriously impede the normal conduct of the state's judicial activities, and also corrupt judicial fairness.

2) Objective elements.

The objective aspect of this crime is that the perpetrator has bent the law for personal gain or favoritism in criminal justice activities. Favoritism is to bend the law for the sake of personal interests and small collective interests; Favoritism refers to the perversion of the law out of personal feelings, which is mainly manifested in the perversion of the law out of caring for personal relationships or feelings, favoring relatives and friends, or venting anger and revenge. The Criminal Law requires "bending the law for personal gain and favoritism", aiming to exclude from this crime the wrongful conviction caused by the negligence of judicial personnel due to their low legal level and incomplete grasp of the facts; Therefore, as long as the wrongful judgment caused by negligence due to the low level of law and incomplete grasp of the facts is excluded, it can generally be found to be "bending the law for personal gain or favoritism".

3) Subject Elements.

The subject of this crime is a special subject, that is, judicial personnel. According to article 94 of the Criminal Law, judicial personnel refer to persons who have the duties of investigation, prosecution, adjudication and supervision.

Including investigators in public security, national security, prisons, military security departments, and people's procuratorates; People's procuratorates include procurators of specialized procuratorates such as railway transport procuratorates and forestry procuratorates; Adjudicators of the people's courts.

According to the Interpretation of Several Issues Concerning the Application of Law in Handling Cases of Favoritism and Irregularities issued by the Supreme People's Procuratorate on June 4, 1996, the professional and technical personnel of judicial organs may also become the subject of this crime.

4) Subjective elements.

The subjective aspect of this crime can only be constituted by intent. It has the motive of favoritism and favoritism. If the perpetrator intentionally convicts an innocent person, or if the sentence is light for a felony, the sentence is heavy for a misdemeanor. If the above result is caused by negligence, it cannot be punished as a crime.

Hello, the constituent elements of the crime of perverting the law for personal gain are as follows:

The regular activities of the national judiciary.

Objective Element: The crime is objectively manifested as an act of favoritism or favoritism in criminal proceedings. The so-called favoritism and bending the law for personal gain refers to deliberately distorting facts, violating the law, and making erroneous judgments for personal purposes and for personal gain.

Favoritism can manifest itself in the following forms:

1) Prosecuting a person who is known to be innocent.

2) Deliberately shielding a person who he knows to be guilty of prosecution.

3) Intentionally violating the facts and law in criminal trial activities to make arbitrary judgments.

Subject element: The subject of the crime is a special subject, that is, a judicial functionary. It is mainly judicial personnel engaged in investigation, procuratorial and trial work.

It includes investigators in public security, national security, prisons, military security departments, and people's procuratorates (including prosecutors from specialized procuratorates such as railway transport procuratorates and forestry procuratorates), and adjudicators in people's courts.

Subjective element: The crime is manifested in the subjective aspect of intent, and negligence does not constitute the crime.

Sentencing standards for the crime of perverting the law for personal gain: Where judicial personnel bend the law for personal gain or favoritism, cause a person who is clearly innocent to be prosecuted, intentionally shield a person who knows to be guilty and prevent him from being prosecuted, or deliberately violate the facts and the law in criminal trial activities to make a judgment in violation of the law, he shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment is to be given; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment. You are asking about the sentencing standards for the crime of perverting the law for personal gain, you can consult Chongqing Zhihao Law Firm, which is a law firm specializing in criminal cases in Chongqing, and the crime of perverting the law for personal gain should be able to help you.

That's pretty much it, please.