Will there be a sentence for serious violations, and will you be sentenced for suspected serious vio

Where administrative organ staff members seriously violate discipline or law, the number of years they may be sentenced depends on the specific circumstances of the case, mainly depending on what crime was committed, the circumstances of the crime, and other sentencing factors.

Our country adheres to the principle of legality for crimes, and where the law clearly stipulates that it is a crime, it is convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Legal basis: Criminal Law of the People's Republic of China

Article 3: Where the law clearly provides that it is a crime, it is to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 61: [Factual and Legal Basis for Sentencing]When deciding on punishment for criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 62: [Aggravated Punishment and Mitigating Punishment]Where criminals have the circumstances of heavier punishment or lighter punishment provided for in this Law, they shall be given a criminal punishment within the legally-prescribed limits.

Article 63: [Commutation of Punishment]Where criminals have the mitigating circumstances provided for in this Law, they shall be given a criminal punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range.

Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of the case.

Legal analysisA serious offense is a criminal offense. A crime is an act that is harmful to society, violates the law and is punished by criminal punishment in accordance with the law. Criminal acts should be severely cracked down on in accordance with the law; It is well established that criminal penalties should be imposed on criminals.

As for ordinary illegal acts, people tend to ignore them, always believing that the circumstances are relatively minor, the harm to society is not great, and there is no criminal punishment, so they do not have to bear legal responsibility. In fact, as long as it is an illegal act, it must bear its corresponding legal responsibility. Although the general illegal acts are not harmful to society and the circumstances are minor, they also bring damage to the country and the people, so they should be punished accordingly.

Civil violations are subject to civil liability, and administrative violations are subject to administrative sanctions. Moreover, if some ordinary illegal acts are not punished and punished in a timely manner, they may even develop into crimes, thus bringing greater harm to society.

Legal basisCriminal Law of the People's Republic of China: Article 3: Where the law expressly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Serious offenses, things that will definitely be sentenced.

It depends on what kind of violation it is.

The answer is yes, and it will undoubtedly be dealt with in accordance with the regulations.

Legal analysis: If there is no crime, if you do not do it, you will be sentenced, and you will be given a major demerit according to the actual situation; where the circumstances are more serious, sanctions of demotion or removal are to be given; where the circumstances are serious, give Kaihuiwu a sanction. If you are suspected of serious violations of discipline and law, even if you accept disciplinary review and supervision investigation, you will not necessarily be sentenced, and you need to rely on what kind of violation of discipline and law you are suspected of.

Legal basis: Article 397 of the Criminal Law: Where a functionary of a state organ abuses his power or neglects his duties, causing major losses to public property or the interests of the state or the people, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions.

Where employees of state organs twist the law for personal gain and commit the crimes described in the preceding paragraph, they are sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment. Where this Law provides otherwise, follow those provisions.

Article 29 of the Regulations on Disciplinary Sanctions of the Communist Party of China: Where Party organizations discover in the course of a disciplinary review that Party members have seriously violated discipline and are suspected of violating the law or committing crimes, in principle, a Party discipline sanction decision is to be made first, and after giving governmental sanctions in accordance with provisions, it is then transferred to the relevant state organs for handling in accordance with law.

The so-called "suspicion" refers to the suspicion of being involved in something. "Suspected of serious violations of discipline and law" means:

It has been involved in major violations of discipline and laws, and has violated issues of principle. Generally, it refers to party members and cadres. Second, persons who are "suspected of serious violations of discipline and law" need to be investigated and collected by the national law enforcement department, and only after the evidence is conclusive can they be punished in accordance with the relevant laws of the state, which is generally a criminal punishment.

It can be seen from this that although the violations of organizational discipline and national laws that it "involves" are serious, after all, it is only "suspected" and has not yet been finalized, so there is no direct connection between it and criminal punishment. Only after investigation and evidence collection and the evidence (of the violation) is conclusive, can the parties be punished in accordance with the law.

Article 29 of the Regulations on Disciplinary Sanctions of the Communist Party of China: Where Party organizations discover in the course of disciplinary review that Party members have seriously violated discipline and are suspected of violating the law or committing crimes, in principle, a Party discipline sanction decision is to be made first, and after giving governmental sanctions in accordance with provisions, it is then transferred to the relevant state organs for handling in accordance with law.

Supervision Law of the People's Republic of China

Article 45: On the basis of the results of oversight and investigations, the Supervision Organs are to make the following dispositions in accordance with law:

1) In accordance with the scope of management authority, directly or entrust relevant organs or personnel, to conduct conversations and reminders, criticize and educate, order inspections, or admonish public employees who have violations abusing public office but the circumstances are more minor;

2) Make governmental sanction decisions such as warnings, demerits, major demerits, demotion, removal, or expulsion of public employees who violate the law in accordance with legally-prescribed procedures;

3) Leaders who are responsible for not performing or incorrectly performing their duties are to directly make accountability decisions for them in accordance with their management authority, or submit accountability recommendations to the organs that have the authority to make accountability decisions;

4) Where crimes abusing public office are suspected, and upon investigation the Supervision Organs find that the facts of the crime are clear and the evidence is credible and sufficient, they are to draft a written prosecution opinion and transfer it to the people's procuratorate for review and prosecution in accordance with law, together with the case file materials and evidence;

5) Submit supervision recommendations on problems in the establishment of a clean government and the performance of duties in the unit to which the subject of supervision belongs.

Article 46: After investigation, the Supervision Organs are to confiscate, recover, or order restitution of illegally obtained property in accordance with law; Assets obtained in connection with a crime shall be transferred to the people's procuratorate along with the case.

Legal analysis: General violations, only violating the prohibitions of the law, the circumstances are obviously minor, and no sentence is required, but corresponding administrative penalties are required.

Legal basis: Article 9 of the Administrative Punishment Law of the People's Republic of China Types of administrative punishments:

1) Warnings and circulars of criticism;

2) Fines, confiscation of unlawful gains, and confiscation of illegal property;

3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;

4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;

5) Administrative detention;

6) Other administrative punishments provided for by laws and administrative regulations.

Those suspected of criminal offences are generally sentenced to prison. Suspected of serious violations of discipline refers to the involvement of major violations of discipline and laws, and violations of the principle of prudence, and the suppression of disorder generally refers to violations of discipline by Party members. Suspected of serious violations of discipline need to be investigated by the national law enforcement department, and after the evidence is conclusive, it will be punished in accordance with the relevant national law on the lack of travel.