What to do if multiple offences violate different provisions of the same statute 50

Updated on society 2024-05-10
7 answers
  1. Anonymous users2024-02-10

    Legally speaking, they should be adjudicated separately and enforced together.

  2. Anonymous users2024-02-09

    Functions such as taking the employee number and obtaining income. In addition, a certain category of personnel is calculated according to certain conditions.

  3. Anonymous users2024-02-08

    Separate processing and combined execution.

  4. Anonymous users2024-02-07

    Of course, the punishment cannot be cumulative, because there are multiple violations of the law, but they are all stipulated in the same law.

  5. Anonymous users2024-02-06

    1. What punishment should be given for violating multiple laws and norms for the same violation.

    1. The same illegal act violates multiple laws and regulations and shall be punished with a fine. Penalties shall be imposed in accordance with the provisions on the high amount of fines. That is, if the same illegal act violates multiple laws and norms, the principle of fines and heavy penalties should be imposed on the same violation.

    For the same illegal act, the party must not be given an administrative penalty of more than two fines.

    2. Legal basis: Article 28 of the Administrative Punishment Law of the People's Republic of China.

    When administrative organs carry out administrative punishments, they shall order the parties to make corrections or correct the illegal conduct within a set period of time.

    Where a party has unlawful gains in transportation, it shall be confiscated except where compensation shall be made in accordance with law. Unlawful gains refer to the money obtained from the commission of illegal acts. Where laws, administrative regulations, or departmental rules have other provisions on the calculation of unlawful gains, follow those provisions.

    Article 29.

    For the same illegal act, the party must not be given an administrative penalty of more than two fines. Where the same illegal conduct violates multiple laws and norms and shall be punished with a fine, punishment is to be given in accordance with the provisions on the higher amount of fines.

    2. What are the types of violations?

    1. Administrative violations. An administrative entity violates administrative law norms and infringes on administrative relationships protected by law, and does not constitute a criminal administrative act; Sail friends.

    2. Civil violations. Acts that violate civil laws and regulations and infringe on the civil rights of others;

    3. Criminal acts. Violation of criminal law clearly stipulates that it is a crime.

  6. Anonymous users2024-02-05

    In accordance with the Regulations on Disciplinary Actions of the Communist Party of China.

    Article 20: In any of the following circumstances, a heavier or heavier sanction shall be given:

    1) Coercing or instigating others to violate discipline;

    2) Refusal to hand over or return the proceeds of violation of discipline;

    3) After receiving a sanction for violating discipline, they shall receive Party disciplinary sanctions for intentional violation of discipline.

    Target; 4) After receiving Party discipline sanctions for violating discipline, it is discovered that they should have received Party discipline sanctions for their conduct prior to the sanctions;

    5) These Regulations provide otherwise.

    Article 23: Where a person has two or more (including two) violations of discipline that shall be subject to Party discipline sanctions as provided for in these Regulations, they shall be handled together, and sanctions are to be given in accordance with the highest sanction they should receive among the several types of disciplinary violations; Where one of the violations of discipline shall be expelled from the Party, the sanction of expulsion from the Party shall be given.

    Article 24 Where a violation of discipline simultaneously violates two or more provisions of these Regulations, it is to be handled in accordance with the provisions with the heavier punishment.

    Where the constitutive elements of a disciplinary violation provided for in one article are all contained in the constitutive elements of a disciplinary violation provided for in another article, and where the special provisions are inconsistent with the general provisions, the special provisions shall apply.

  7. Anonymous users2024-02-04

    Right. This is the principle of "no further punishment" in the Administrative Punishment Law. However, the accurate statement should be that "the same illegal act of the party concerned shall not be given an administrative penalty of more than two fines".

    Among them, a matter refers to an act that meets the constitutive elements of an administrative violation; No further punishment means that unless there is a special provision in the law, the administrative entity can only give one and one punishment. The purpose of the principle of non-re-punishment as an administrative punishment is to prevent repeated punishment and embody the legal principle of proportionality of punishment, so as to protect the legitimate rights and interests of the administrative counterpart.

    Article 16 of the Law of the People's Republic of China on Public Security Administration Punishments: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement is combined. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days. Article 161 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs" Where a person has two or more illegal acts, separate decisions are to be made and enforcement is combined, and a written decision may be drafted to separately indicate the content of the handling of each type of illegal conduct and the content of the combined enforcement.

    Where there are multiple offenders in a case, a separate decision may be made, and multiple copies of the decision may be drafted, stating the disposition decision given to each person, and served on each offender separately.

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