(1) Abuse of power case (Article 397)

The crime of abuse of power refers to the behavior that the staff of state organs exceed their powers, illegally decide or deal with matters that they have no right to decide or deal with, or deal with official duties in violation of regulations, resulting in heavy losses to public property, the state and the people's interests.

Suspected of one of the following circumstances, it shall be placed on file:

1, causing more than 1 people to die, or more than 2 people seriously injured, or 1 people seriously injured, 3 people slightly injured, or 5 people slightly injured;

2. Serious poisoning caused by 10 or more people;

3. Causing direct economic loss of personal property of more than 654.38+million yuan, or direct economic loss of less than 654.38+million yuan, but indirect economic loss of more than 500,000 yuan;

4. Causing direct economic losses of more than 200,000 yuan to public property or the property of legal persons and other organizations, or direct economic losses of less than 200,000 yuan, but indirect economic losses of more than 6,543,800 yuan;

5. Although it does not meet the standards of Grade 3 and 4, the total direct economic losses of Grade 3 and 4 are more than 200,000 yuan, or the total direct economic losses are less than 200,000 yuan, but the total indirect economic losses are more than 6,543,800 yuan;

6, causing companies, enterprises and other units to suspend business, stop production for more than 6 months or go bankrupt;

7. Failing to report, delaying reporting, making a false report or instigating, instigating or forcing others not to report, delaying reporting or making a false report, resulting in the continuation and expansion of the harmful results of serious accidents, or delaying rescue, investigation and handling;

8, serious damage to the national reputation, or cause adverse social impact;

9 other circumstances that cause heavy losses to public property, the interests of the state and the people.

Any functionary of a state organ who abuses his power and meets the conditions for the crime of special dereliction of duty in Chapter IX of the Criminal Law shall be investigated for criminal responsibility in accordance with the special provisions; If the subject does not meet the requirements of the special crime of dereliction of duty stipulated in Chapter IX of the Criminal Law, but the abuse of power is suspected of one of the circumstances stipulated in Items 1 to 9 of the preceding paragraph, criminal responsibility shall be investigated for the crime of abuse of power in accordance with the provisions of Article 397 of the Criminal Law.

(2) Cases of dereliction of duty (article 397th)

The crime of dereliction of duty refers to the behavior of state functionaries who are seriously irresponsible, fail to perform or fail to perform their duties seriously, resulting in heavy losses to public property, the interests of the state and the people.

Suspected of one of the following circumstances, it shall be placed on file:

1, causing more than 1 person to die, or more than 3 people seriously injured, or more than 2 people seriously injured and 4 people slightly injured, or more than 1 person seriously injured and 7 people slightly injured, or more than1person slightly injured;

2, causing serious poisoning of more than 20 people;

3. Causing direct economic loss of personal property of more than 6.5438+500,000 yuan, or direct economic loss of less than 6.5438+500,000 yuan, but indirect economic loss of more than 750,000 yuan;

4. Causing direct economic losses of more than 300,000 yuan to public property or the property of legal persons or other organizations, or direct economic losses of less than 300,000 yuan, but indirect economic losses of more than 6,543,800 yuan+0.5 million yuan;

5. Although it does not meet the standards of Grade 3 and 4, the total direct economic losses of Grade 3 and 4 are more than 300,000 yuan, or the total direct economic losses are less than 300,000 yuan, but the total indirect economic losses are more than 6.5438+0.5 million yuan;

6. Causing companies, enterprises and other units to stop business, stop production 1 year or more, or go bankrupt;

7. The staff of the customs and foreign exchange administration departments are seriously irresponsible, resulting in fraudulent purchase of foreign exchange 1 10,000 USD or evasion of foreign exchange 1 10,000 USD;

8, serious damage to the national reputation, or cause adverse social impact;

9 other circumstances that cause heavy losses to public property, the interests of the state and the people.

State functionaries who neglect their duties and meet the conditions of special dereliction of duty in Chapter IX of the Criminal Law shall be investigated for criminal responsibility in accordance with special provisions; If the subject does not meet the requirements of the special crime of dereliction of duty specified in Chapter IX of the Criminal Law, but the dereliction of duty is suspected of one of the circumstances specified in Items 1 to 9 of the preceding paragraph, criminal responsibility shall be investigated for the crime of dereliction of duty in accordance with the provisions of Article 397 of the Criminal Law.

(3) Crime of intentionally revealing state secrets (Article 398th)

The crime of intentionally revealing state secrets refers to a serious act of state functionaries or non-state functionaries in violation of the law on guarding state secrets, deliberately making people who should not know know state secrets, or deliberately making state secrets beyond the limited contact scope.

Suspected of one of the following circumstances, it shall be placed on file:

1, revealing top secret state secrets above 1;

2, revealing state secrets 2 (pieces) or more;

3. More than 3 items (pieces) of state secrets at the secret level are disclosed;

4. Leaking the country to non-overseas institutions, organizations and personnel.