State functionaries are seriously irresponsible, fail to perform their duties or fail to perform their duties seriously, resulting in more than 1 person being killed, or more than 3 people being seriously injured, or 2 people being seriously injured, or 4 people being slightly injured, or 1 person being seriously injured, 7 people being slightly injured, or1person being slightly injured; Causing serious poisoning to more than 20 people; Causing direct economic losses of personal property of more than 6,543,800 yuan, or direct economic losses of less than 6,543,800 yuan, but indirect economic losses of more than 750,000 yuan; Causing direct economic loss of public property, legal person or other organization property of more than 300,000 yuan, or direct economic loss of less than 300,000 yuan, but indirect economic loss of more than 6.5438+0.5 million yuan; Although it does not meet the standards of 3 and 4, the total direct economic loss of 3 and 4 is more than 300,000 yuan, or the total direct economic loss is less than 300,000 yuan, but the total indirect economic loss is more than 6.5438+0.5 million yuan; Causing companies, enterprises and other units to stop business, stop production for more than 1 year or go bankrupt; The staff of the customs and foreign exchange administration departments are seriously irresponsible, resulting in fraudulent purchase of foreign exchange of more than US$ 6,543,800 or evasion of foreign exchange of more than US$ 6,543,800; Seriously damaging the national reputation or causing adverse social impact; Other circumstances that cause great losses to public property and the interests of the state and the people shall be put on file for dereliction of duty.

legal ground

Article 397 of the Criminal Law of People's Republic of China (PRC), any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail. Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.

Provisions of the Supreme People's Procuratorate on the Standards for Filing Cases of Dereliction of Duty and Infringement (II)

Cases of Dereliction of Duty (Article 397) The crime of dereliction of duty refers to the act 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 and 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.