How to punish the responsible persons of public institutions who are exempted from criminal punishme

Legal Analysis: Where staff of public institutions are sentenced to criminal punishment in accordance with law, they are to be given sanctions of demotion or removal from their posts or above. and where a sentence of fixed-term imprisonment or higher is given, they are to be dismissed.

According to article 22 of the "Interim Provisions on the Punishment of Personnel of Public Institutions", "among them, those who are sentenced to fixed-term imprisonment or higher in accordance with law shall be dismissed." "Personnel of public institutions appointed by administrative organs who constitute the crime of promotion shall be dismissed.

Legal basis: "The Enlightenment of the Regulations on Disciplinary Punishment of the Communist Party of China" Article 8: Types of disciplinary sanctions against Party members:

a) Warning; b) Serious warnings;

3) Removal from positions within the Party;

4) Party probation;

5) Expulsion from the Party.

The punishment for exempting personnel from criminal punishment is to be reduced to a post level or removed from a post or higher. and where a sentence of fixed-term imprisonment or higher is given, they are to be dismissed. According to article 22 of the "Interim Provisions on the Punishment of Personnel of Public Institutions", "among them, those who are sentenced to fixed-term imprisonment or higher in accordance with law shall be dismissed."

Where the staff of a public institution appointed by an administrative organ constitutes a crime, they are to be dismissed.

1. Whether drunk driving in public office and scolding traffic police will be expelled.

Drunk driving in public office and scolding traffic police officers will generally be dismissed, and staff members of public institutions appointed by administrative organs who are sentenced to criminal punishment in accordance with the law shall be dismissed.

Interim Provisions on Sanctions for Staff of Public Institutions.

Article 22: Where staff members of public institutions are sentenced to criminal punishment in accordance with law, they are to be given sanctions of demotion to their post or removal from their posts or above. Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion. The sanction of expulsion shall be given.

Second, does it affect the work after drunk driving?

Where unit staff are sentenced to a criminal punishment in accordance with law, they are to be given a sanction of demotion or removal from their post or higher. Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion. The sanction of expulsion shall be given.

As long as they are not fixed-term imprisonment or higher and are appointed by administrative organs, and are sentenced to criminal punishment in accordance with the law, they will not be dismissed from public office.

3. How to deal with teachers' drunk driving.

Teachers who drive drunk will be expelled. Article 22 of the "Interim Provisions on the Punishment of Personnel of Public Institutions" provides that if a staff member of a public institution is sentenced to a criminal punishment in accordance with law, he shall be given a sanction of demotion to his post or removal from his post or above.

Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion.

A public official who is exempt from criminal punishment is exempt from criminal punishment, i.e., has not been sentenced to a criminal penalty, is not exempt from dismissal from public office. In accordance with the provisions of Article 17 of the "Regulations on the Punishment of Civil Servants of Administrative Organs", where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed. According to Article 22 of the "Interim Provisions on the Punishment of Staff of Public Institutions":

Where staff of public institutions are sentenced to criminal punishment in accordance with law, they are to be given sanctions of demotion or removal from their posts or higher. Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion. Moreover, exemption from criminal punishment refers to a kind of punishment in which a people's court determines that a certain act constitutes a crime and does not need to be sentenced because the circumstances of the crime are minor, and the judgment waives the criminal punishment.

However, in practice, depending on the different circumstances of the case, they may be reprimanded or ordered to make a statement of repentance, make a formal apology, or compensate for losses, or be given an administrative punishment or sanction by the competent department.

Article 88 of the Civil Servants Law provides that civil servants shall be dismissed under any of the following circumstances: (1) in the annual evaluation, they have been determined to be incompetent for two consecutive years; (2) They are incompetent for their current job and do not accept other arrangements; (3) Where it is necessary to adjust the work due to the adjustment, abolition, merger, or reduction of the staffing of the organ to which they belong, and they refuse to make reasonable arrangements; (4) Failure to perform civil servant obligations, failure to abide by laws and civil servant discipline, failure to change after education, unsuitable for continued work in an organ, and inappropriate for dismissal; (5) Absenteeism from work, going out on business, or failing to return after the expiration of leave without a legitimate reason for more than 15 consecutive days, or a total of more than 30 days in a year.

Legal Analysis: Where a staff member of a public institution is sentenced to a criminal punishment in accordance with law, he or she shall be given a sanction of demotion to a post or removal from a post or above. and where a sentence of fixed-term imprisonment or higher is given, they are to be dismissed.

According to article 22 of the "Interim Provisions on the Punishment of Personnel of Public Institutions", "among them, those who are sentenced to fixed-term imprisonment or higher in accordance with law shall be dismissed." "Where a staff member of a public institution appointed by an administrative organ constitutes a crime, he shall be dismissed.

Legal basis: Regulations on Disciplinary Actions of the Communist Party of China Article 8 Types of Disciplinary Sanctions for Party Members:

a) Warning; b) Serious warnings;

3) Removal from positions within the Party;

4) Party probation;

5) Expulsion from the Party.

Exemption from punishment means that the criminal act is determined but no criminal punishment is imposed, and the public office will not be directly dismissed. According to the provisions of the "Civil Servants Law," a person who is sentenced to a criminal penalty on suspicion of committing a crime shall be given the administrative punishment of dismissal from public office. Therefore, those who are exempt from criminal punishment will not be dismissed from public office.

Article 37 of the Criminal Law [Non-Penal Measures] Where the circumstances of the crime are minor and no criminal punishment is required, criminal punishment may be waived, but depending on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or an administrative punishment or administrative sanction may be given by the competent department.

Article 17 of the Regulations on the Punishment of Civil Servants of Administrative Organs: Where a civil servant of an administrative organ who violates the law or discipline has already been sentenced to a criminal punishment, recalled, or removed from his post or has already resigned from a leadership position in accordance with law before the administrative organ makes a decision to sanction him, the administrative organ shall give a sanction on the basis of the facts of his violation of law and discipline. Where public servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

Legal Analysis: Where a staff member of a public institution is dismissed, his or her relationship with the public institution shall be terminated from the date on which the sanction decision takes effectArticle 8: Where staff members of public institutions receive a demerit or above, they must not participate in the professional and technical qualifications in the field of their profession (technology, skills) or the technical level examination (review) of skilled personnel during the period of the sanction.

Legal basis: Civil Servants Law of the People's Republic of China

Article 39: The probationary period for newly hired civil servants is one year, calculated from the date of registration. During the probationary period, the recruiting organ shall evaluate the newly hired civil servants, and conduct training in accordance with the provisions for the first time in the course of their work.

Article 40: Where newly hired civil servants pass the evaluation at the end of their probationary period, the recruiting organs shall follow relevant provisions to give them a grade in their position.

Article 41: Where newly hired civil servants fail to pass the evaluation at the end of their probationary period, their employment is to be cancelled. During the probationary period, if it is discovered that a newly hired civil servant does not meet the requirements for civil servants, does not meet the requirements of the position for which he or she is applying for the position, or is not qualified for the job, the employment shall be cancelled. Where newly hired civil servants have the circumstances provided for in article 89 of the Civil Servants Law, their employment must not be revoked.

Article 42: The list of persons whose employment has been cancelled by ** organs and their directly subordinate bodies shall be reported to the ** competent department for civil servants for the record. The authority of local recruitment organs at all levels to cancel the examination and approval authority for hiring shall be prescribed by the provincial-level competent departments for civil servants.

Article 43: The time for the cancellation of employment of newly hired civil servants is calculated from the date on which the decision to cancel employment is made. The decision to cancel employment shall be notified in writing, and the suspension of wages, the transfer of files, and the transfer of social insurance relations shall be implemented in accordance with relevant provisions.

1. Archives related to administrative punishments will be kept in the public security organs, but such archives will basically not affect the future lives of the parties, and will not be disclosed to the public if they are not needed by judicial organs and lawyers to handle cases. When the person concerned goes on to higher education or recruits a job, he or she can still issue a certificate of no criminal record. 2. Article 5 of the "Provisions on the Issuance of Certificates of No Illegal and Criminal Records" The "illegal and criminal records" mentioned in these provisions does not include the following circumstances:

a) Administration 1Public security mediation agreement, no penalty decision; 2.Warnings, confiscation of illegal gains, confiscation of illegal property, decision to suspend or revoke permits, and fines for traffic violations (those applying for school bus driving qualifications shall be handled in accordance with the provisions of the "School Bus Safety Management Regulations"); 3.

administrative measures such as summons (compulsory summons), continued interrogation, detention and review; 4.Administrative punishment decisions made by other administrative organs. (2) Criminal 1

Criminal settlement agreements, revocation of criminal case decisions; 2.The decision not to prosecute made by the procuratorate and the acquittal verdict rendered by the court because there are no facts of the crime (including insufficient evidence that cannot be found guilty), or because there are any of the circumstances provided for in Article 15 of the Criminal Procedure Law; 3.Information on custodial summonses, release on bail pending further investigation, residential surveillance, criminal detention, arrest, and other criminal coercive measures.

3) Procedural information formed in the course of administrative case handling or criminal litigation activities, recording content such as case acceptance, case filing, investigation and evidence collection, prosecution, trial, etc.; (4) Records of the disposition of violations and crimes committed by citizens who have been sealed or should be sealed in accordance with relevant provisions, except where relevant units conduct inquiries in accordance with state provisions.

Article 17 of the State Compensation Law: Where the organs exercising investigative, procuratorial, or adjudicative powers, as well as the detention center, prison management organs, and their staffs, have any of the following violations of personal rights in the exercise of their powers, the victim has the right to receive compensation: (1) Where a citizen is detained in violation of the provisions of the Criminal Procedure Law, or where a citizen is detained in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the detention period exceeds the time limit provided for in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case; Resistant shirt that does not prosecute or is acquitted by a judgment and terminates the pursuit of criminal responsibility; (2) After employing arrest measures against a citizen, a decision is made to withdraw the case, not to prosecute, or a judgment to declare an acquittal and terminate the pursuit of criminal responsibility; (3) Extorting confessions by torture or using acts such as beating or maltreatment, or instigating or indulging others to cause physical injury or death to citizens; (5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

Exempt from criminal punishment, if you do not violate the rules and regulations of the original unit, you can still return to work in public institutions. However, public institutions are state organs, and the discipline requirements for personnel are relatively high, and the regulations may be different in different public institutions or different regions, which need to be determined in light of the situation.

Article 37 of the Criminal Law provides that where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but depending on the different circumstances of the case, they may be reprimanded or ordered to make a statement of repentance, make a formal apology for Zaoling, compensate for losses, or be given an administrative punishment or administrative sanction by the competent department.