Is it a crime to let the guilty go unpunished?

Whether impunity for the guilty constitutes a crime is a case to be analysed on a case-by-case basis.

The first type is perverting the law for personal gain.

As a policeman and a judge, he knew that the other party was guilty, but he deliberately indulged and protected the other party from legal punishment.

It is a crime of perverting the law for personal gain.

The second type is the crime of harboring and harboring, knowing that the other party has committed a crime, but still not reporting it, or even giving protection.

The third type is to give the other person a certain amount of help without knowing it.

This is generally not a crime.

I come to the question, does it constitute a crime to let the guilty go unpunished?

Needless to say? The guilty must be punished, and failure to be punished is a crime.

Leaving the guilty unpunished is not a crime if they do not know it, and it is enough to cover up the crime if they know it but do not report it. As the saying goes, the legal net is magnificent, and negligence is not leaky, this is the truth.

It is the sacred task of the law enforcement organs to let criminals be punished by law, and if criminals are allowed to go unpunished and cannot be punished, it will be a serious crime committed by the functionaries of judicial organs and should be punished by law.

This circumstance certainly constitutes a crime. At the very least, it constitutes the crime of harboring. If the offender's behavior is vile, the impact is extremely bad. You will also be guilty of the same offence as a criminal.

No matter what kind of person he commits a crime, we must persuade him to turn himself in instead of shielding him, because that will only harm him, not only him but also himself, because if he is found by the law, the punishment is very severe.

It should constitute a crime. It should be a cover-up.

In this case, it should be a crime of harboring, and the heavier case should also be sentenced.

It is not necessary to be subject to criminal punishment for a crime, and if the circumstances of the crime are minor, criminal punishment may not be given, and punishment such as compensation for the defendant may be scattered and covered by hail. The reason why some criminal acts can be exempted from punishment is that these criminal acts are not very harmful to society, the subjective malice is not great, some criminal suspects are first-time offenders or occasional offenders, and the victims themselves may be seriously at fault. In accordance with the provisions of the relevant laws of our country, the suspect or defendant who committed the crime of assault has died; Those who have been exempted from punishment by a special amnesty order; The circumstances are minor and are not considered criminal; The statute of limitations for prosecution has already passed; Tell to deal with it; Where there is no complaint or the complaint is withdrawn, criminal responsibility is not pursued.

No criminal punishment is given, and it is still considered a crime. This is because non-criminal punishment means that the people's court has determined that the defendant's conduct constitutes a crime, but in accordance with the relevant provisions of the Criminal Law, it does not impose criminal punishment on him. Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but based on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or the competent departments may give administrative punishments or administrative sanctions.

1. Under what circumstances will drunk driving be punished lightly?

The Supreme People's Court's Sentencing Guiding Opinions on Common Crimes (II) (Provisional) promulgated by the Supreme People's Court stipulates the range of criminal punishment for the crime of dangerous driving (drunk driving), and clearly stipulates in item 3 that "where the circumstances are obviously minor and the harm is not great, no conviction and punishment shall be given; Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived."

This provision is the first time since drunk driving has been criminalized that the Supreme People's Court has stipulated in the form of a judicial interpretation that drunk driving can be punished without conviction or exempted from criminal punishment, which means that even if the alcohol content in the body of a motor vehicle driver who is drunk and driving meets the prescribed drunk driving standard, the circumstances are obviously minor, and the circumstances are significantly minor, of course, including the alcohol content in the body is not excessively higher than the drunk driving standard, there is no traffic accident, and there is no obstruction of inspection. Good attitude of confession and so on.

2. What is needed for the crime of lack of friends in the crime of fraud?

Whether the crime of fraud is established or not depends on the decision of the public security organ to file a case, and if the case is not filed, it means that the circumstances are minor and do not constitute a crime, that is, they are not guilty. If a case is filed and investigated, the circumstances may constitute a crime, and the procuratorate should prosecute, and it is not up to the victim to decide whether to prosecute or not. According to the provisions of the Criminal Law, 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, or compensate for losses, or the competent departments may give administrative punishments or administrative sanctions.

According to the provisions of the Public Security Administration Punishment Law, anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Article 37 of the Criminal Code.

Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but based on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or the competent departments may give administrative punishments or administrative sanctions.

Summary. <>

Hello dear, it is a pleasure to answer your question: there is no fact of a crime, it does not constitute a crime, why should you be fined <>

A: Hello, generally speaking, a fine is a light administrative penalty and is not necessarily related to a criminal act. Under the circumstances prescribed by law, the administrative organ has the right to impose fines on violations of administrative regulations or administrative regulations. <>

Hope it helps.

If there is no criminal fact, it does not constitute a crime, why should a fine be issued.

Hello dear, I am happy to answer your question: why should you be fined <> if you have not committed a crime and do not constitute a crime

A: Hello, generally speaking, a fine is a light administrative penalty and is not necessarily related to a criminal act. Under the circumstances prescribed by law, the administrative organ has the right to impose a fine on the person who violates the administrative regulations or administrative regulations. <>

Hope it helps.

As an administrative punishment measure, fines can solve some relatively minor illegal acts, make the offenders feel the authority and binding force of the law, and can also play a role in deterring Li Qi and preventing the occurrence of illegal acts. However, when enforcing fines, the administrative organs must also abide by the legal procedures and legal powers, protect the legitimate rights and interests of the fines, and avoid improper fines and arbitrary fines. <>

The crime of omission cannot be a crime of negligence. There is no crime of omission in the case of negligence, because the crime of omission is basically intentional, and it is the crime that is constituted only when the party fails to perform his or her corresponding obligations, but in the case of a crime of negligence, it is not because the party fails to perform its obligations, because the party did not notice that such a practice would lead to irreparable consequences, and it was not subjectively intentional.

Article 14 of the Criminal Law: Knowing that one's conduct will have a result that is harmful to society, and hoping or allowing such a result to occur, and thus Zaohui constitutes a crime, is an intentional crime. Those who commit intentional crimes shall bear criminal responsibility. Article 15: Crimes of negligence are crimes where one should foresee that one's conduct might have consequences that endanger society, but did not foresee it because of negligence, or had foreseen it and was credulous enough to believe that it could have been avoided, resulting in such a result.

Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

1. Criminal acts are not necessarily subject to criminal punishment. The criminal suspect or defendant is deceased; Those who have been exempted from punishment by a special amnesty order; The circumstances are minor and are not considered criminal; The statute of limitations for prosecution has already passed; Tell to deal with it; Where there is no complaint or the complaint is withdrawn, criminal responsibility is not pursued.

2. Legal basis: In any of the following circumstances in Article 16 of the Criminal Procedure Law of the People's Republic of China, criminal responsibility shall not be pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted:

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

II. What is the basis for the sentencing standards.

The basis for sentencing standards is as follows:

1. Determine the starting sentence within the corresponding legally-prescribed punishment range on the basis of the facts constituting the basic crime;

2. Increase the sentence on the basis of the starting sentence to determine the base sentence on the basis of other facts of the crime such as the amount of the crime, the number of crimes, and the consequences of the crime, which have an impact on the establishment of the crime;

3. Adjust the base sentence on the basis of the sentencing circumstances, and comprehensively consider the circumstances of the entire case, to determine the declared sentence in accordance with law.