The difference between the crime of abuse of power and the crime of dereliction of duty

Different scopes and different meanings.

1. Different scopes: The crime of dereliction of duty is a general crime, including the crime of abuse of power; the crime of abuse of power is a specific crime with specific sentencing.

2. Different meanings: the crime of dereliction of duty means insulting the profession, and the crime of abuse of power means that state agency staff deliberately exceed their authority.

The crime of abuse of power refers to the crime of state agency staff deliberately exceeding their powers, failing to follow or violating legal decisions, handling matters that they have no authority to decide or handle, or handling official duties in violation of regulations, resulting in embezzlement of public funds. The property, country and people suffered significant property losses and other acts. According to the "Criminal Law", the objective aspect of the crime of abuse of power is the behavior of state agency staff who abuse their power, causing heavy losses to public property, the interests of the country and the people. It is generally believed that abuse of power is a crime of consequence, while harmful consequences are facts that illustrate the objective aspects of the crime and are the objective elements of the crime. "Significant loss" is one of the objective elements of the crime of abuse of power, and it is also an important criterion for distinguishing the crime of abuse of power from non-crimes. How to identify major losses in the sense of criminal law has also become a key issue in handling the crime of dereliction of duty. In terms of sentencing, whoever abuses his power and causes heavy losses to public property, the interests of the country and the people shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

1. The crime of corruption is a crime in Chapter 8 of the "Criminal Law": it refers to the use of state workers and persons entrusted by state agencies, state-owned companies, enterprises, institutions, and people's organizations to manage and operate state-owned property. Convenience in one's position, embezzling, stealing, defrauding or illegally possessing public property by other means.

Criteria for filing a case: 1. The amount of personal corruption is more than 5,000 yuan;

2. The amount of personal corruption is less than 5,000 yuan, but the person has the ability to provide disaster relief, emergency rescue, flood prevention, epidemic prevention, Special care, poverty alleviation, immigration, relief funds and materials, fundraising materials, stolen money and stolen goods, fines and confiscated money, temporary withholding of money and materials, as well as bad corruption methods, destruction of evidence, transfer of stolen goods, etc.

Sentencing circumstances: 1. If the amount of personal corruption exceeds 100,000 yuan, he shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and may also be subject to confiscation of property; if the circumstances are particularly serious, he shall be sentenced to death and property shall be confiscated. ;

2. Anyone who embezzles more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated; if the circumstances are particularly serious, he shall be sentenced to life imprisonment and his property shall be confiscated. ;

3. Anyone who embezzles more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than 10 years; If the amount is more than 5,000 yuan but less than 10,000 yuan, and if the person shows repentance after committing the crime and actively returns the stolen goods, the punishment may be reduced or exempted from criminal punishment, and administrative sanctions shall be imposed by his or her unit or the superior authority.

4. If the amount of personal corruption is less than 5,000 yuan, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are minor, administrative sanctions shall be imposed by his unit or the superior authority at the discretion; Those who have committed multiple corruption cases without dealing with them will be punished according to the cumulative amount of corruption.

2. The crime of abuse of power is a crime stipulated in Chapter 9 (Article 397) of the "Criminal Law": it means that state agency staff exceed their authority, illegally decide or handle matters that they have no right to decide or handle, or violate It stipulates the conduct of handling official duties that causes heavy losses to public property, the interests of the country and the people.

Criteria for filing a case: 1. Causing more than 1 death, or serious injury to 2 or more people, or 1 serious injury, 3 or more minor injuries, or 5 or more minor injuries;

2. Causing serious poisoning to more than 10 people;

3. Causing direct economic losses of more than 100,000 yuan to personal property, or direct economic losses of less than 100,000 yuan but indirect economic losses of more than 500,000 yuan;< /p>

4. Causing direct economic losses of more than 200,000 yuan to the property of a public company or legal person or other organization, or causing direct economic losses of less than 200,000 yuan but indirect economic losses of more than 1 million yuan;

5. Although the amount standards in items 3 and 4 are not reached, the total direct economic loss in items 3 and 4 is more than 200,000 yuan, or the total direct economic loss is less than 200,000 yuan, but the total indirect economic loss is 1 million yuan. The above;

6. Causing companies, enterprises and other units to suspend operations, suspend production for more than 6 months, or go bankrupt;

7. Committing fraud, failing to report, delaying reporting, making false reports or instructing , instigating or forcing others to fail to report, delay reporting, or lie about the situation, causing the harmful consequences of a major accident to continue or expand, or causing delays in rescue, investigation, and handling work;

8. Seriously damaging the reputation of the country, Or causing adverse social impact;

9. Other situations that cause serious losses to public property, the interests of the country and the people.

To sum up, this is the editor’s answer to the difference between the crime of abuse of power and the crime of dereliction of duty. I hope it can help you.

Legal basis:

Article 397 of the "Criminal Law of the People's Republic of China"

State agency staff abuse their power or neglect their duties Whoever causes serious losses to public property, the interests of the country and the people shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If this law provides otherwise, the provisions shall prevail.

Article 399

Judicial personnel bend the law for personal gain or sentiment, subjecting a person to prosecution who they know is innocent, or prosecuting a person who they know is guilty. Anyone who deliberately shields him from prosecution, or who deliberately violates the facts and the law and makes wrongful judgments during criminal trials shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are particularly serious, , shall be sentenced to fixed-term imprisonment of not less than ten years.