About Detention Center instructor can become the subject of a crime to help criminals to avoid punis.docx

1、About Detention Center instructor can become the subject of a crime to help criminals to avoid punis About Detention Center instructor can become the subject of a crime to help criminals to avoid punishment sin A city detention center Instructor suspects Wing a Department In 2009 the evening of July

2、 23, the suspect in custody Zhang patrol and police officers in the prison cells and said: “I have a robbery.” Patrol stem warning “till tomorrow with to Zhang Zhang was detained in the same prison cells Sohn and others heard said robbery of things, records done by Wang and Zhang signed “over transc

3、ripts Ive seen, and I said” and name. subsequently Sohn prosecutors after signing name. In the morning of July 24, 2009, when the detention center shift and patrol reported number of prison cells, Sohn to this reporting material to the Detention Center Instructor Wing a day on duty police arraignmen

4、t Zhang. Zhang true account of the facts of the crime of robbery After Wing in accordance with the requirements of the outside the Municipal Public Security Bureau arraignment Zhang and made a record. Zhang was subsequently removed. Xu, with Sohn same room, in 2010, the first trial sentenced to life

5、 imprisonment. Xu appeal, said he and Sohn prosecution of others “robbery”. Director of the requirements of a survey of Rong Xu Mouli power thing. Wing a survey this things to Sohn complement a flag Zhang criminal interrogation record this interrogation record ahead of time, “July 21, 2009”. Afterno

6、on of the day by the end of February 2010 to early March Rong to call Sohn at home, allowed the family to a detention center to find Wing a next morning, the Sohn family came to the detention center to find Wing a Wing a let Sunmou relatives see anonymous reporting material Sohn three Sun relatives

7、of the trust of the wing of a to give the Office Sun Mouli successful things and leave cigarettes .2010, a citys Procuratorate investigators questioning Sohn, Sun testified that: meritorious . Report a Wing will give Sohn Supplement, a copy of the interrogation transcripts and copies of the transcri

8、pts of interrogation Zhang, together with the investigators in the volumes for a lawsuit. Pursuant to which the indictment identified Sohn Zhang robbery. meritorious act. Rong whether an act suspected of helping criminals to avoid punishment have different points of view and I believe that Wing does

9、 not constitute a behavior to help criminals to avoid punishment the crime. Following reasons: Wing a does not belong to help criminals to avoid punishment range of the main body of the crime. >> Under the << Detention Center Ordinance, the nature of the detention center position: is in

10、custody was arrested in accordance with the law, criminal suspects detained by the authorities, was sentenced to imprisonment for one year or less or more than punishment in the following year, inconvenience sent to labor place for reform criminals can also be regulated by the detention center. main

11、ly perform the places of pre-trial detention detention center, while the short-term punishment execution venues whose main task is: implementation of custody to commit armed guard to guard, security, education commit, committed life and health management, protection of the investigation, prosecution

12、 and trial work smoothly. shows that the detention centers functions and suppression of the functions of the crime, if and suppression of crime, it was only to protect the investigation, prosecution and trial work carried out smoothly. functions of the administrative regulations of the detention cen

13、ter. judicial practice, the actual situation may be another case. “and the detention center problem complex, because the detention center under the public security organs, the Ministry of Public Securitys own outspoken, saying that the crime of digging I dug accomplices dug intelligence detention ce

14、nter, an important function is the main criteria to the rating of the detention center. According to the data released by the Ministry of Public Security, 2006 I sin cracked dig through the detention center in criminal cases accounted for more than 16% of the public security organs to solve the case

15、. many places now long been over the statistics, some of the detention center and even more than 25%. investigation has become the second front in the detention center. 1 “practice Detention Center in widely bear digging I sin prohibit criminal functions, but this is the phenomenon of judicial pract

16、ice a variation of the functions of the detention center, not a detention center on the course entitled to the statutory mandate to prohibit criminal This is one of the reasons. Second, the presentation style from charges of origin and criminal law point of view, the first charges origins from the p

17、oint of view, the provisions of Article 417 of the Penal Code to help criminals to avoid punishment does not require 79 Criminal sin, the sin Department absorb the Standing Committee of the National Peoples Congress << new charges about to severely punish prostitution decided >> 9 from t

18、his origin can be seen, prohibit criminal activities responsibilities of staff to help criminals to avoid punishment subject of the crime, but must refer to a specific crime has suppression of the duties of the officers, not a general, abstract, with suppression of the duties of the staff. “personne

19、l bears ban responsibilities, not the general, abstract with suppression of the duties of the officers, but on specific crime suppression of the duties of the personnel, but without requiring that the crime has a criminal prosecution authority staff. “2 presentation style from the criminal point of

20、view, from one of 399 of the Penal Code to Section 417 of the Penal Code, respectively, under the offense of misconduct of the staff of the specific organs, such as the The sin of perverting the law arbitration, and fraudulent practices are not handed over to the crime of criminal cases, the abuse o

21、f the management company, the Securities and the terms of reference of the crime, to indulge the crime of selling shoddy goods crime hinder rescue abducted, kidnapped women and children sin, sin actors behavior content and other aspects of a particular specific. Third, the instructor is not of cours

22、e, there are responsibilities that prohibit criminal activities. From large, the detention center with the Economic Investigation, Criminal Investigation equivalent belonging to public security series, cage system of its functions may belong to prohibit criminal activities responsibilities, but thei

23、r specific duties are not the case, as mentioned earlier, the main duties of the detention center is in custody unconvicted. within the household administration and other departments like public security organs, although these sectors is also the case of the series of public security, but its not cl

24、assified prohibit criminal activities responsibilities departments within the small stresses, Rong a detention center internal job instructor, therefore, in any case, a Wing do not belong to help criminals to avoid punishment range of the main body of the crime. Links to free papers Download Center

25、Wing a production of the interrogation record time ahead of the behavior objectively whether it is to help criminals escape punishment. 417 of the Penal Code provides that: prohibit criminal activities responsibilities of the staff of state organs, tipped off to the criminals, to facilitate the , he

26、lp criminals to avoid punishment, three years of imprisonment or criminal detention, the circumstances are serious, three to ten years in prison. provisions of Article 417 of the Penal Code to help criminals to avoid punishment sin prohibit criminal offense activities of the duties of the staff of s

27、tate organs, tipped off criminals to facilitate, to help criminals to avoid punishment. The offense subjective intent, and help criminals to avoid punishment purposes. Objectively promising criminals tipped off to facilitate escape punishment. Dereliction and infringement cases standard Zuigao Jian

28、<< >> (xxxiii: the crime of helping criminals to avoid punishment is to prohibit criminal activities duties staff judicial and public security, national security, customs, tax and other state organs tipped off to the criminals, to facilitate, to help criminals to avoid punishment, should

29、 be suspected one of the following circumstances: 1 leaked to criminals deployment authorities prohibit criminal activities, personnel, measures, time, place and other circumstances; 2 to criminals money and goods, transport, communications equipment, shelter, etc. facilitate, 3, the merits of the l

30、eak to criminals to help schematic criminals conceal, destroy, falsify evidence or tally confessions , estoppel, and other help criminals to avoid punishment should be investigated for criminal responsibility in the case based on the facts of this case and the evidence, the suspects Wing certain obj

31、ectively help criminals to avoid punishment was not obvious help criminals to avoid subjective the purpose of punishment is not the present case, Sohn reporting material of its own making, and made available to the content of a, interrogation Sohn transcripts including material are provided only in

32、the case of Interpol department investigators ask Wing in a the interrogation record time to advance the behavior has not yet reached Sohn deemed meritorious even lighter punishment, which help it the significant imminent danger to avoid punishment because the whether Sohn behavior can ultimately be

33、 identified as meritorious service, and not just depend on the interrogation record a material, and the time of the interrogation record merely reflects the interrogation main start time and the end of the interrogation, the specific content should include Sohn “meritorious” what happened, including the time, place, The determining whether meritorious expos