How to judge the crime of taking the college entrance examination instead of taking the exam

The current impersonation constitutes a crime, which constitutes the crime of impersonation. Whoever steals or fraudulently uses another person's identity to obtain the qualifications for higher education entrance, civil servant employment and job placement instead of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

Impersonation in the college entrance examination can investigate the criminal responsibility of the parties. According to the relevant laws and regulations of our country, it is a crime to impersonate in the college entrance examination and not take the exam. If it constitutes a crime of replacing the exam, it constitutes a crime and needs to be judged according to the circumstances of the case. Whoever organizes cheating in the national examinations prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever provides cheating equipment or other assistance for others to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever illegally sells the test questions and answers specified in the first paragraph or provides them to others for cheating in the exam shall be punished in accordance with the first paragraph. Those who replace others or let others take the examinations prescribed in the first paragraph instead of themselves shall be sentenced to criminal detention or public surveillance and shall also or only be fined.

What are the constitutive requirements of a criminal offence?

1, subject of crime. Age of criminal responsibility. /kloc-under the age of 0/4, without criminal responsibility or criminal responsibility; Those who are over 14 years old but under 16 years old shall bear criminal responsibility for eight kinds of criminal acts;

2. Subjective aspects of crime. Including criminal intent and criminal negligence;

3. The object of the crime. Refers to the social relations protected by criminal law and infringed by criminal acts;

4. The objective aspect of crime. It is an act that is harmful to society and should be punished by criminal law, and the result that this act has caused or may cause harm to society.

To sum up, it is Bian Xiao's relevant answer on how to judge the crime of taking the college entrance examination instead of taking the exam, hoping to help you.

Legal basis:

Article 9 of the Measures for Handling Violations in National Education Examinations

Candidates who have one of the violations listed in Article 5 shall have their examination results cancelled.

Candidates who cheat in the exams listed in Articles 6 and 7 will have invalid scores in all stages and subjects; Those who take the higher education self-study exam will have invalid scores in all subjects.

Under any of the following circumstances, depending on the seriousness of the case, the examination may be suspended 1 to 3 years; If the circumstances are particularly serious, you can also suspend your participation in various national education examinations 1 to 3 years:

(1) Organizing gangs to cheat;

(2) Sending or transmitting examination information outside the examination room;

(3) Cheating by using relevant equipment to receive information;

(4) Forging or altering identification cards, admission tickets and other supporting materials to take the exam instead of others or candidates.

Candidates who take the higher education self-study exam have serious cheating behaviors listed in the preceding paragraph, and can also be given an extension of 1 to 3 years, and the test results during the extension period are invalid.