Study On The Crime Of Unauthorized Releasing The Person Held In Custody

The crime of unauthorized releasing the person held in custody is a serious crime ofmalfeasance. In order to correctly and comprehensive master the mental essence of thecrime, and the using legal weapons to fight effectively the crime, this article by thecombination of theory and case method of argumentation. Relatively comprehensive,systematic exposition of this crime constitution characteristic, and lays the foundation ofsumming up our practical experience, and referencing the other regions and the foreignlegislation and judicial experience, on the deficiencies were analyzed, and then put forwardthe corresponding improvement suggestions, in order to accurately locate the crime ofunauthorized releasing the person held in custody, guarantee the national judicialsupervision system of honest and seriousness, for releasing prison inmates behavior toweave a more strict criminal law, cogent accomplish "dragnet, be loose but never miss".This paper discusses these controversial issues: the range of “judicial officers”,thebehavior’s definition of “privately discharge”, the range of “prison inmates”. I think thecrime of unauthorized releasing the person held in custody is to point to have theresponsibility of supervision in accordance with the judicial officers privately discharge thecriminal suspect in custody,the defendant, criminal detention or other prison inmates inaccordance with the act. At the same time in the legislation perfect on suggested addingqualifications punishment of "deprived of public authority" and property punishment andadjustments its legal sentence, subject to break prisoners sin privately discharge, be in threeyears of above five years imprisonment and impose or shall only, be fined; If thecircumstances are minor, shall only, be fined or deprived of public authority; If thecircumstances are serious, the place five years shall be sentenced to fixed-termimprisonment of not more than seven years and shall also be fined or deprived of public authority; If the circumstances are especially serious, seven years in more than10yearsimprisonment, and be deprived of public authority.