Can I still receive wages after committing a crime, and is receiving wages after being sentenced to

Updated on society 2024-07-18
17 answers
  1. Anonymous users2024-02-13

    According to the Interim Provisions on Payment of Wages, the wages paid to the employee after being punished: (1) the employee is still working in the original unit (such as probation, demotion, etc.) after receiving an administrative sanction or re-employed after receiving a criminal sanction, and (2) during the period of criminal sanction, such as custody and review, detention (detention), probation, execution of sentence outside of prison or re-education through labor, the treatment shall be implemented in accordance with the relevant provisions of the state.

    The details are as follows:

    1. During the period of custody and review by the public security organs, the employee shall be paid 75% of his original salary for living expenses, and the salary shall be suspended; After the review, if it does not constitute a criminal offense and no administrative disciplinary punishment is given, the salary may be paid back; If criminal liability is pursued or administrative disciplinary action is imposed, there is no need to pay back wages.

    2. During the period of re-education through labor or forced labor, the salary, allowance and bonus shall be suspended, and the living allowance shall be paid according to the provisions of the public security organ.

    3. Employees who are subject to probation shall be suspended during the probation period, and shall be paid labor remuneration equivalent to about 60% of their basic salary according to whether their original job position has changed, and the labor remuneration shall be paid according to the minimum wage standard of the city. If sick leave is taken during the period of probation, and the labor remuneration is higher than the sick leave pay calculated on the basis of the original salary, the sick leave pay shall be calculated and paid.

    4. Employees are punished by administrative, party and league warnings, and the floating salary is suspended for 1-2 months.

    5. Employees are subject to administrative demerits and serious warnings within the party and the regiment, and the floating salary is suspended for 2-3 months.

  2. Anonymous users2024-02-12

    Your question is too broad and needs to be specific.

    Do you mean that prisoners serving criminal sentences are paid for their work in prison facilities? Or does it mean that if you have violated the law and have not been detained for some reason, can you go to work and receive a salary?

    As far as I am concerned about normal prisoners, the main punishments in my country are controlled release, criminal detention, fixed-term imprisonment, life imprisonment and death penalty (including a suspended death sentence).

  3. Anonymous users2024-02-11

    If you violate the law and be investigated for criminal responsibility, you will be dismissed from public office, and you will have no salary!

  4. Anonymous users2024-02-10

    It doesn't belong. Practical differences on the definition and determination of the concept of "unlawful gains". The expression "unlawful gains" appears in several articles of the Criminal Law, and different judicial interpretations have different definitions and determinations of the concept of "unlawful gains", so there are certain differences in the judicial application process.

    One view is that "illegal gains" refer to the amount of profits, that is, the amount remaining after deducting the reasonable expenses directly used for business activities with all the income obtained from illegal production and sales (i.e., the amount of illegal business). This view is supported by the Research Office of the Supreme People's Court. In 2012, the Research Office of the Supreme People's Court replied to the relevant departments for soliciting opinions that the "illegal gains" in the crime of illegal business operation should refer to the amount of profits obtained from the ear.

    Another view is that "illegal gains" refer to any property directly or indirectly generated or obtained through the commission of a crime, without deducting the cost of production and sales. This view is based on Article 64 of the Criminal Law: All property illegally obtained by criminals shall be recovered or ordered to be returned; The victim's lawful property shall be promptly returned; The provision that contraband and personal property used in the commission of a crime shall be confiscated is the basis.

    Finally, it should be emphasized that "illegal gains" in a broad sense also include "other assets involved in the case". For example, "unlawful gains" in the confiscation procedure of unlawful gains actually refer to "unlawful gains and other assets involved in the case"; Theoretically speaking, "other assets involved in the case" refers to contraband illegally possessed by the criminal suspect or defendant, personal property used in the crime, and property that the criminal suspect or defendant is clearly known to be used for the crime. According to Article 64 of the Criminal Law and Article 509 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China", "other property involved in the case" refers to contraband illegally possessed by the criminal suspect or defendant or his own property used in the commission of a crime.

    Whether "other assets involved in the case" is limited to 'personal property', and whether it includes other people's property that is used in the crime while knowing that the criminal suspect or defendant has committed a crime, is to be further studied in practice.

  5. Anonymous users2024-02-09

    It is illegal to receive wages from others without paying them. The act constitutes the crime of embezzlement, and the crime of embezzlement refers to the act of illegally taking possession of property, forgotten or buried items that others have given to them for safekeeping, and the amount is relatively large, and refusing to return them.

    1. The object of infringement is the ownership of other people's property. The object of this crime is property, forgotten and buried objects handed over to oneself for safekeeping by others;

    2. Objectively, it is manifested as the act of illegally taking possession of other people's property, forgotten items, or buried items that are handed over to oneself for safekeeping, and the amount is relatively large, and refusing to return them. Compared with other crimes against property, the crime of embezzlement has a more significant feature, that is, the perpetrator of the crime of embezzlement obtained it through legal means. The perpetrator's possession of the property is lawful;

    3. The subject of the crime is a general subject;

    4. The subjective aspect is manifested as direct intent and has the purpose of illegally taking possession of other people's property.

    In addition, the crime of embezzlement is a private prosecution case, that is, the judicial organ will not take the initiative to file a case for investigation of the crime of embezzlement, and the victim can only file a criminal private prosecution with the court on his own, and the court will file a case for investigation and trial.

    Article 270 of the Criminal Law of the People's Republic of China: Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

    Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

    This crime shall be dealt with only if it is told.

    Article 271:Where a staff member of a company, enterprise, or other unit takes advantage of his position to illegally take possession of the unit's property, and the amount is relatively large, he is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine.

  6. Anonymous users2024-02-08

    If you don't pay someone else's salary, it's a crime because you have embezzled someone's finances and refused to return it, and if the amount is small, you will be detained, and if the amount is large, you may go to jail.

  7. Anonymous users2024-02-07

    It must be a crime, and your behavior is illegal possession of other people's private property, and if the amount is huge, it may also constitute a criminal offense.

  8. Anonymous users2024-02-06

    It is definitely a crime to receive someone else's salary without paying it, and to illegally occupy someone else's property.

  9. Anonymous users2024-02-05

    It is against the law not to receive someone else's salary.

  10. Anonymous users2024-02-04

    It's definitely against the law. Such action is against the law.

  11. Anonymous users2024-02-03

    Public officials can no longer receive their salaries after being convicted of an offence.

    Generally speaking, if a public employee violates the laws of the country and is sentenced, the employer will dismiss the public employee at the time of the public official's trial, so that the public employee will no longer be in service, and the employer will not pay him any more wages for an employee who is not in service. The same interpretation of the appointment system for civil servants is given in accordance with both the National Police Act and the Civil Service Act.

    1. After a public employee is sentenced for violating the law, he or she will be dismissed from his or her original unit, and he or she will no longer be able to receive his salary after being dismissed. If a public employee violates national laws for various reasons, and therefore ceases to be a normal employee after being sentenced, in accordance with national laws and regulations, the unit will publicly dismiss the illegal public employee as soon as possible. When a public employee is dismissed from the employer, it means that he is no longer an employee of the employer, so the employer will no longer pay the public employee's salary.

    2. Persons who have previously received criminal punishment for crimes may not be re-employed as public employees. There are three most basic conditions for the recruitment of public employees: persons who have been dismissed from public office shall not be hired, persons who have been criminally punished for crimes shall not be hired, and persons who shall not be hired as civil servants under other circumstances prescribed by law. It can be seen from these regulations that if a public official is dismissed from public office, he or she will not have the opportunity to become a civil servant again, and if he has also been criminally punished, he will not be able to be appointed again.

    3. The Commission for Discipline Inspection will strictly investigate the situation in which a public employee continues to receive wages after being sentenced in violation of the law. Recently, it has been discovered that some public officials are still in office after being sentenced, and they will be strictly investigated by the Commission for Discipline Inspection. Generally speaking, after a public employee commits a crime, the court will immediately send a verdict to the unit where the public employee belongs, and the unit should dismiss the person as soon as possible after receiving the verdict, but why some public employees have been working on the post after committing a crime is because the unit has not received the verdict, or the unit does not understand the laws of the country, and I believe that there will be a result soon.

  12. Anonymous users2024-02-02

    It is no longer possible to continue to receive salaries, because after a public official violates the law, he will definitely be dismissed from his original unit, and since he is dismissed, there is no such thing as receiving a salary, which is a blasphemy against the law.

  13. Anonymous users2024-02-01

    Public officials cannot continue to receive their wages after being sentenced for violating the law. Public officials who have been imprisoned for violating the law will be suspended from their duties or, in serious cases, removed from their posts and will not be able to continue to receive their salaries.

  14. Anonymous users2024-01-31

    No, because public officials are generally dismissed from public office after being sentenced for violating the law, and of course they cannot continue to receive their salaries.

  15. Anonymous users2024-01-30

    I don't think it's okay, because he has already been sentenced, and it proves that he must have done something illegal and undisciplined, so there is no need for the state to pay wages to such a person.

  16. Anonymous users2024-01-29

    Whether or not a suspected crime can be paid is determined in accordance with the company's articles of association and labor contract. The employer may suspend the payment of wages to an employee suspected of committing a crime, provided that the following two conditions are met at the same time: first, the employee is taken into custody for review, detention or arrest, and second, the employee's personal freedom is restricted while working. Only if these two conditions are met, the employer can suspend the payment of wages.

    China's labor law stipulates that if an employee is investigated for criminal liability in accordance with the law, the employer may terminate the labor contract in accordance with the law.

    Is it a crime to hire child labor for hazardous labor?

    Employing child labor for hazardous labor is suspected of employing child labor for the crime of hazardous labor.

    According to the provisions of the Criminal Law, whoever violates labor management regulations by employing minors under the age of 16 to engage in super-intensive physical labor, or to engage in high-altitude or underground operations, or to engage in labor in dangerous environments such as high-quality, flammable, radioactive, or toxic, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined to the directly responsible personnel; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where the conduct in the preceding paragraph causes an accident and constitutes another crime, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.

    Article 244 of the Criminal Law stipulates that whoever violates labor management laws and regulations by employing minors under the age of 16 to engage in ultra-intense physical labor, or to carry out high-altitude or underground work with searchers, or to engage in labor in dangerous environments such as high-quality, flammable, radioactive, or toxic, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined to the directly responsible personnel; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where the conduct in the preceding paragraph causes an accident and constitutes another crime, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.

    Provisions on the transfer of suspected criminal cases by administrative law enforcement organs.

    Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs" are formulated for the purpose of punishing the crimes of undermining the order of the socialist market economy, the crimes of obstructing the order of social management, and other crimes in accordance with the law, ensuring that the administrative law enforcement organs promptly transfer suspected criminal cases to the public security organs, and ensuring the smooth progress of the cause of socialist construction. In accordance with Article 1 of the "Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs": These Provisions are formulated in order to ensure that administrative law enforcement organs promptly transfer suspected criminal cases to the public security organs, punish the crimes of undermining the order of the socialist market economy, the crimes of obstructing the order of social management, and other crimes, and ensure the smooth progress of the cause of socialist construction.

    Legal basis. Article 25 of the Labor Law of the People's Republic of China The employer may terminate the labor contract if the worker falls under any of the following circumstances:

    1) During the probationary period, it is proved that they do not meet the employment requirements;

    2) Serious violation of labor discipline or the rules and regulations of the employer;

    3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

    4) Those who have been pursued for criminal responsibility in accordance with law.

  17. Anonymous users2024-01-28

    No. During the period when a civil servant is released on bail pending further investigation, placed under residential surveillance, under criminal detention, or arrested, his salary and benefits shall be suspended, and living expenses shall be calculated at 75% of his original basic salary, and the number of years of service shall not be counted. Where, after review and verification, the public security organ withdraws the case, or the people's procuratorate does not prosecute, or the people's court declares them not guilty or exempts them from criminal punishment, and they have not been taken into custody and education, compulsory isolation for drug rehabilitation, re-education through labor, or administrative detention, and have not been punished, their wages and benefits shall be restored.

    1. Will I be arrested after being detained?

    Detention is not necessarily followed by arrest, and detention is divided into administrative detention and criminal detention, and the person will be released after the expiration of the administrative detention. According to article 81 of the Criminal Procedure Law and article 128 of the Criminal Procedure Rules of the People's Procuratorate, if there is evidence to prove the facts of a crime, and a sentence of imprisonment or higher may be imposed, and release on bail pending further investigation is not sufficient to prevent the occurrence of danger to society, the arrest shall be made. Where there is evidence to prove the facts of the crime, a sentence of 10 years or more imprisonment might be given, or a sentence of imprisonment or more might be given, and there is a previous intentional criminal record or the identity is unknown, they shall be arrested.

    Those who have already been released on guarantee pending further investigation, placed under residential surveillance, or other violations, may be arrested.

    Article 1 (1) of the Notice on Issues Concerning the Handling of Compulsory Measures and Administrative and Criminal Punishment of Civil Servants (1) During the period when a civil servant is released on bail pending further investigation, placed under residential surveillance, under criminal detention, or arrested, the payment of wages and benefits shall be suspended, and living expenses shall be calculated at 75% of his original basic salary, and the number of years of service shall not be counted. Where, upon review and verification, the public security organ withdraws the case or the people's procuratorate does not prosecute, or the people's court declares them not guilty or exempts them from criminal punishment, and they have not been taken into custody and education, compulsory isolation for drug rehabilitation, re-education through labor, or administrative detention, and have not been punished, their wages and benefits shall be restored, and the reduced wages shall be repaid, and the number of years of service shall be calculated during the period during which compulsory measures have been taken. (2) Where a civil servant is criminally detained and is at large or has been approved for arrest and is at large, the payment of wages and benefits shall be suspended.

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