1, if the circumstances are minor and are not suspected of committing a crime or administrative punishment, only administrative sanctions shall be given, and no promotion to the post or rank shall be allowed during the period of punishment. Among them, those who are given demerit, demerit, demotion or dismissal shall not be promoted to the salary scale;
2, by dismissal, should be reduced in accordance with the provisions of the level;
3. If the circumstances are serious and there are illegal and violent acts and criminal acts that seriously endanger society, criminal punishment shall be given. Sentenced to public surveillance, criminal detention, fixed-term imprisonment or above (including suspended sentence), or sentenced to fixed-term imprisonment for negligent crimes, the sentence will generally be dismissed.
According to the relevant laws of our country, how to punish public officials for violating discipline depends on the type and degree of violation. If the violation is serious, the most serious one can be dismissed.
Second, the treatment method
If a public official commits an illegal act, the relevant authorities and supervisory organs that deal with it in accordance with these regulations may also give administrative sanctions. If the supervisory organ conducts an investigation, it shall be given administrative sanctions first, and then disciplinary sanctions. If the Commission for Discipline Inspection files an investigation, it shall be given disciplinary sanctions first and then administrative sanctions. After the promulgation of the "Supervision Law", it was emphasized that the supervision committee should file a case. Involving party member or Party discipline issues, the Commission for Discipline Inspection may file a case first. If a public official violates the law and needs to be given administrative sanctions, the organ or unit that decided to punish him shall give administrative sanctions in accordance with this law. Where there are other provisions in the law, those provisions shall prevail. The organs and units that decide on punishment include appointment and removal organs, units and supervisory organs.
legal ground
Regulations on punishment of civil servants in administrative organs
Article 6 The punishments for civil servants of administrative organs are divided into:
(1) warning;
(2) recording a demerit;
(3), gross demerits;
(4) demotion;
(5) dismissal;
(6) expulsion.
Article 7 The time limit for civil servants of administrative organs to be punished is as follows:
(1) Warning, 6 months;
(2) demerit, 12 months;
(3) Gross demerit, 18 months;
(4) demotion and dismissal for 24 months.
Article 39 The appointment and removal organ shall investigate and deal with civil servants of administrative organs suspected of violating the law and discipline according to the following procedures:
(a) with the consent of the person in charge of the appointment and removal organ, the relevant departments of the appointment and removal organ shall conduct a preliminary investigation on matters that need to be investigated and handled;
(2) If the relevant department of the appointment and removal organ believes that the civil servant is suspected of violating the law and discipline after preliminary investigation and needs further verification, it shall be reported to the person in charge of the appointment and removal organ for approval before filing a case;
(3) The relevant departments of the appointment and removal organ are responsible for further investigating the facts of civil servants' violation of law and discipline, including collecting and verifying relevant evidence materials, listening to the opinions of the leading members of the unit where the civil servants are investigated, the relevant staff and the supervisory organ of the unit, getting information from other relevant units and personnel, forming written investigation materials and reporting to the person in charge of the appointment and removal organ;
(4) The relevant departments of the appointment and removal organ will inform the investigated civil servants themselves of the facts found in the investigation and the basis for the proposed punishment, listen to their statements and arguments, and review and record the facts, reasons and evidence presented by them. If the facts, reasons and evidence put forward by the investigated civil servants are established, they shall be adopted;
(5) To decide the punishment, exemption from punishment or dismissal of the civil servant through collective discussion by the leading members of the appointment and removal organ;
(six) the appointment and removal organ will notify the civil servant himself of the decision in writing and publish it within a certain range;
(7) The relevant departments of the appointment and removal organ shall classify the punishment decision into the personal files of the punished civil servants, and collect relevant materials to form the working files of the punishment cases.
The termination procedure of the punishment of civil servants in administrative organs shall be handled with reference to the provisions of items (5), (6) and (7) of the preceding paragraph.
The appointment and removal organ shall, in accordance with the management authority, promptly report the decision on punishment or the decision on lifting punishment to the competent department of civil servants for the record.
According to the relevant laws of our country, how to punish public officials for violating discipline depends on the type and degree of violation. If the violation is serious, the most serious one can be dismissed.
Administrative sanctions law
Article 14 A public official shall be dismissed under any of the following circumstances:
(1) Being sentenced to public surveillance, criminal detention or fixed-term imprisonment (including probation) for intentional crime;
(2) Being sentenced to fixed-term imprisonment of more than three years for negligent crimes;
(3) Being sentenced to punishment or deprived of political rights for committing a crime.
Those who are sentenced to public surveillance, criminal detention or fixed-term imprisonment of not more than three years for negligent crimes should generally be dismissed; If the circumstances are special and suitable for dismissal, it may not be dismissed, but it must be reported to the higher authorities for approval.
If a public official is sentenced to a fine for committing a crime, or if the circumstances of the crime are minor, the people's procuratorate decides not to prosecute according to law or the people's court is exempted from criminal punishment according to law, he shall be removed from his post; If it causes adverse effects, it shall be dismissed.