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According to the provisions of Article 37 of the Criminal Law of the People's Republic of China, if the circumstances of the crime of misappropriation of funds are very minor and there is no need to investigate criminal responsibility, it is possible to get lenient treatment from criminal punishment. However, as far as the specific case is concerned, the court will deal with it in a non criminal way according to various factors, such as severely condemning the defendant, requiring the defendant to submit a written guarantee of repentance and apology, compensating for the damage caused to the victim, etc., or referring the case to the relevant competent department for administrative punishment or administrative sanction according to laws and regulations based on objective reality.
#Administrative
1384 readings
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According to Article 107 of the Law of the People's Republic of China on Administrative Penalties for Public Security, if the penalized person disagrees with the administrative detention decision, he can apply for suspension of execution. If the public security organ believes that there is no social hidden danger, and there is appropriate guarantee or deposit, the implementation can be suspended. While obtaining a guarantor pending trial is a measure in the criminal field, which is used to prevent suspects from evading investigation and trial, and is not applicable to administrative detention.
#Administrative
880 readings
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According to Article 37 of the Criminal Law of the People's Republic of China, if a minor crime is committed without penalty, the court may exempt it from criminal trial, and its files are free of "stains". However, the court has the right to impose non criminal measures such as admonishment, order repentance, or hand over to the administrative department for administrative punishment. Even if the sentence is not passed, the party may still face other legal consequences.
#Administrative
837 readings
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According to Article 70 of the Law of the People's Republic of China on Administrative Penalties for Public Security, anyone suspected of setting up a gambling environment for profit or participating in excessive gambling will be subject to administrative detention. Administrative detention is an administrative punishment for those who violate the provisions of public security. It is different from criminal detention, which is used as a coercive measure in criminal trials. Serious gambling may face 10 to 15 days of administrative detention and a fine of 500 to 3000 yuan. Only non-profit small family and friends game is not illegal, and there is no need to worry about detention.
#Administrative
1438 readings