How writing a whistleblower letter can constitute a crime

Theoretically speaking, no matter how the report letter is written, it does not constitute a crime, at most it is a lack of evidence. Your report may be a clue, and it will be more credible if it can be accompanied by evidence. But in case you're unlucky and meet someone who compares to the two, it's hard to say what the consequences will be.

Reporting fabricating facts, defaming others, and causing serious consequences constitutes a crime.

Legal analysis: It is not illegal, and even if the report is untrue, there is no need to bear legal responsibility. Because the law is encouraged, the masses find clues and take the initiative to report clues. But if it is fabricated, it is suspected of violating the law.

Legal basis: Article 246 of the Criminal Law of the People's Republic of China: Whoever publicly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests.

Where the victim complains to the people's court about the conduct provided for in the first paragraph through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.

For example, collect evidence of acquisition, **, leasing credit cards, bank accounts, non-bank payment accounts, Internet passwords with payment and settlement functions, network payment interfaces, online banking digital certificates, etc.

The crime of aiding and abetting trusts is a crime that clearly knows that others are using information networks to carry out criminal activities, and provides criminals with Internet access, server hosting, network storage, and so on, and the circumstances are serious, and the standard for filing a case is met.

The law stipulates: Article 287-2 of the Criminal Law of the People's Republic of China [Crime of Aiding Information Network Criminal Activities] Clearly knowing that others are using information networks to commit crimes, providing them with technical support such as Internet access, server hosting, network storage, and communication transmission, or providing assistance such as advertising and promotion, payment and settlement, and the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

It is not necessary to provide conclusive evidence to report a crime, but to provide clues about the suspicion of a crime. The main thing is to ask for evidence rather than clues. However, the clues must be well documented, and they cannot be reported.

It is not easy for judicial organs to collect evidence of crimes, and it is difficult for informants to provide evidence of crimes committed by coincidence. In judicial practice, some criminal suspects truthfully confess after arriving at the case, and believe that the facts of the crime do exist based on other materials, but after the prosecution, the court finds that the evidence is not credible and sufficient, and either returns it for supplementary investigation, or never releases the suspect guilty. For example, in the case of intentional homicide, the body of the deceased has not been found, and only the blood stains of the deceased and the tools of the crime have been found at the crime scene, although the criminal confesses that he has killed someone, the court will generally not convict the defendant of intentional homicide.

Before reporting a crime of illegal hail and spike key, you must pay attention to saving relevant information to avoid being suspected of reporting false cases.

At present, the following departments are mainly receiving reports of clues on violations and crimes in China: public security, national security, customs anti-smuggling, procuratorates, supervision committees, and people's courts. It should be noted that the Commission for Discipline Inspection accepts violations of discipline by party members and cadres, and it can only transfer clues on violations and crimes.

Is it necessary to file a case for investigation and punishment if you report it? Then it depends on the evidence or clues you provide in your report?

If there is strong evidence, even if it is only a part, the above departments can immediately file a case for investigation and punishment, and the case will enter the real investigation and punishment stage. Filing a case and accepting a case are two completely different meanings. To put it simply, compulsory measures such as retention in custody, criminal detention and arrest, release on bail, and residential surveillance cannot be taken against a person in a case; The object cannot be seized and frozen; Some technical means are also not available.

After a case is filed, it is possible to adopt investigative methods in an all-round way.

If clues are provided, several investigative departments must also find basic evidence that can file a case based on the clues: there is evidence to prove the existence of criminal facts; There is evidence of criminal liability; Of course, there must be evidence under the jurisdiction of this department, under the jurisdiction of this locality, and under the jurisdiction of this department! in order to file a case.

Of course, you need to provide evidence, which can directly prove the root of the other party's illegal crimes, and can also allow the police to perform their official duties.

Evidence needs to be provided to report illegal and criminal acts, otherwise it is difficult to file a case and it is difficult to believe people based on one-sided statements, and the police are usually busy.

I think what should be provided is evidence, because then it can prove that what you are reporting is true.

Legal analysis: Witnesses, written, audio and video recordings and other evidentiary materials may be provided to report the criminal conduct of stalking potatoes. All materials that can be used to prove the facts of the case can be used as evidence, but the evidence must be verified as true before it can be used as the basis for a verdict.

Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.

Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property. Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs.

Where a person who has committed a crime of Zhenchang voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.

All materials that can be used to prove the facts of the case can be used as evidence, but the evidence must be verified as true before it can be used as the basis for a verdict. The Criminal Procedure Law stipulates that all materials that can be used to prove the facts of a case are evidence.

Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) Corrupt victim statements; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.

Legal basisArticle 112 of the Criminal Procedure Law of the People's Republic of China.

People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are facts of a crime that require criminal responsibility, they shall file a case; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

The public security organs shall promptly conduct a review of the materials for accusations and reports in accordance with the scope of their jurisdiction, and when they find that there are criminal facts that need to be pursued for criminal responsibility, they shall order the state to file a case.

This would be guilty of stealing confidential documents.

Legal analysis: Reporting criminal acts may provide witness testimony, written evidence, audio and video recordings, and other evidentiary materials. All materials that can be used to prove the facts of the case can be used as evidence, but the evidence must be verified as true before it can be used as the basis for a verdict.

Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.

Victims have the right to report or make accusations to the public security organs, people's procuratorates, or the People's Law Prefecture Traces of the facts of the crime or the criminal suspect's traces of violations of their rights in person or property. Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs.

Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.