徇私枉法犯罪案件争议问题探究

Study on the Controversial Issues of Criminal Cases of Bending the Law for Personal Gain

徇私枉法犯罪在司法实践中应当注意以下三个方面:一是主体方面,非司法工作人员在徇私枉法共同犯罪中只能以从犯身份承担刑事责任,同时其也可单独实施本罪的犯罪行为。二是主观方面,本罪的主观故意需要用在案的客观证据加以证实。三是客体方面,是否侵犯到国家司法机关正常工作秩序是判断构成本罪与否的要素之一。

The crime of bending the law for personal gain should pay attention to the following three aspects in judicial practice: One is the subject aspect, the non-judicial staff in the joint crime of bending the law for personal gain can only assume criminal responsibility as an accessory, at the same time, it can also carry out the crime of the crime alone. The second is the subjective aspect, the subjective nature of this crime knowingly and intentionally needs to be confirmed by objective evidence on the record. Third, in terms of the object, whether it infringes on the normal working order of national judicial organs is one of the elements to judge whether this crime is constituted or not.