The crime of not transferring a criminal case on the basis of favoritism refers to the administrative law enforcement personnel, favoritism, self-interest, forged materials, concealment of the situation, falsehoods, and not transferring a criminal case that should be transferred to the judicial organs to pursue criminal responsibility according to the law to the judicial organs to deal with it, and the circumstances are serious.
Suspected of one of the following circumstances shall be filed:
1. Failure to hand over a criminal case that may be sentenced to more than three years' imprisonment, life imprisonment or death penalty according to law;
2. Failure to hand over a criminal case for more than three times or a failure to hand over a criminal case that involves more than three suspects;
3. Failure to hand over a criminal case without justifiable reasons even though it has been discovered by the judicial organs and opinions have been given;
3.
4, substitution of punishment for punishment, indulgence of criminal suspects, resulting in the suspects continuing to carry out illegal and criminal activities;
5, the competent leadership of the administrative law enforcement departments to prevent the handover;
6, concealment, destruction of evidence, falsification of materials to change the nature of the criminal case;
7, directly responsible for the competent personnel and other personnel directly responsible for the failure to hand over criminal cases for the purpose of making private gains for their own organizations, the circumstances of which are serious;
8, other circumstances of which are serious.
The staff of the person who knows that he is innocent but makes him subject to prosecution, the person who knows that he is guilty but intentionally harbors and does not make him subject to prosecution, or intentionally reverses black and white to do perverting the law; or uses his position to favoritism, harbors, harbors the economic criminals, conceals or disguises the facts of their crimes, with one of the following acts shall be filed:
1. The judicial staff of the person who is favoritism, making the A person who knows that he is innocent is prosecuted;
2. A judicial staff member who, through favoritism and malpractice, intentionally harbors a guilty person from being prosecuted;
3. A judicial staff member who, through favoritism and malpractice, intentionally distorts the facts and the law, and passes a judgment, ruling or decision that is contrary to the facts and contrary to the law, with serious circumstances;
4. A staff member of a customs office, industrial and commercial administration, tax office, or other Law enforcement department staff favoritism, intentionally make perverse decisions or rulings, the circumstances are serious;
5, the state staff use their positions to harbor, harbor smuggling, arbitrage, speculation, major theft, drug trafficking, piracy and export of precious cultural relics, bribery and other criminals, concealment, cover-up of the facts of their crimes;
6, the economic offenders and the facts of the crimes known to the Direct supervisors do not report the case in accordance with the law and do not testify truthfully;
7, law enforcement staff and other law enforcement staff favoritism, resulting in other serious consequences.
Legal basis
The Criminal Law of the People's Republic of China
Article 310 The crime of harboring or covering up a person who, knowing that he has committed a crime, provides him with a place of concealment or property, helps him to escape, or makes a false certificate of covering up a person shall be punished by fixed-term imprisonment of not more than three years, criminal detention, or control; if the circumstances are serious, he shall be punished by fixed-term imprisonment of not less than three years but not more than ten years. Committing the preceding paragraph, prior conspiracy, to *** with the crime.