Aggravating Circumstances and Mitigating Factors in Handling Violations of Public Security Force Regulations: What Are They?
What are considered aggravating and mitigating circumstances in handling violations of the People's Public Security regulations?
Based on Clause 1 and Clause 2, Article 10 of Circular 02/2021/TT-BCA, the regulations are as follows:
Aggravating and mitigating circumstances
1. Aggravating circumstances:
a) Actions or words causing hindrance, resistance, or non-compliance with the inspection requirements by the Order Inspection Team;
b) Abusing one's position or power to violate, cover up, or handle the violation inappropriately;
c) Multiple violations in a year;
d) Not voluntarily admitting faults, evading, covering up the violation; providing untruthful statements, obstructing others from providing evidence of the violation, impeding verification, handling the violation, or threatening, retaliating against the whistleblower.
2. Mitigating circumstances:
a) Proactively reporting one's violation to the organization, voluntarily admitting faults, showing sincerity, and recognizing the mistake;
b) Taking actions to prevent or reduce the consequences of the violation; promptly remedying or correcting it;
c) Violations due to objective reasons;
d) Actively participating in the unit's organizations, movements with commendable achievements.
3. Aggravating and mitigating circumstances are bases for proposing increased or decreased levels of handling. If the aggravating circumstances outnumber the mitigating ones, the handling form is one level higher than the form for the act; if the aggravating circumstances are fewer than the mitigating ones, the handling form is one level lower than the form for the act.
Thus, according to the above regulations, aggravating and mitigating circumstances in handling violations of the People's Public Security regulations include:
- Aggravating circumstances:
+ Actions or words causing hindrance, resistance, or non-compliance with the inspection requirements by the Order Inspection Team.
+ Abusing one's position or power to violate, covering up, or not handling the violation according to regulations.
+ Multiple violations in a year.
+ Not voluntarily admitting faults, evading, covering up the violation; providing untruthful statements, obstructing others from providing evidence of the violation, impeding verification, handling the violation, or threatening, retaliating against the whistleblower.
- Mitigating circumstances:
+ Proactively reporting one's violation to the organization, voluntarily admitting faults, showing sincerity, and recognizing the mistake.
+ Taking actions to prevent or reduce the consequences of the violation; promptly remedying or correcting it.
+ Violations due to objective reasons.
+ Actively participating in the unit's organizations, movements with commendable achievements.
Aggravating and mitigating circumstances in handling violations of the People's Public Security regulations? (Image from the Internet)
Which cases are not yet considered for handling violations of the People's Public Security regulations?
Based on Clause 1, Article 4 of Circular 02/2021/TT-BCA, the regulations are as follows:
Cases not yet considered for handling, not handling violations
1. Cases not yet considered for handling violations
a) During inpatient treatment at a hospital, confirmed by the hospital from the district level upwards;
b) During the suspension period;
c) Female officers, soldiers on maternity leave.
2. Cases not handling violations
a) Confirmed by the competent authority of losing behavioral capacity when violating the regulations; confirmed by the competent authority of violating the regulations in force majeure situations;
b) Required to follow directives, orders from leaders which, having previously petitioned to change, were not accepted.
Thus, according to the above regulations, violations of the People's Public Security regulations are not yet considered for handling in cases:
- During inpatient treatment at a hospital, confirmed by the hospital from the district level upwards.
- During the suspension period.
- Female officers, soldiers on maternity leave.
What forms of handling violations of the People's Public Security regulations are there?
Based on Article 7 of Circular 02/2021/TT-BCA, the forms of handling violations of the People's Public Security regulations are as follows:
- For units violating the regulations:
+ Reprimand.
+ Downgrade yearly emulation titles.
+ Not considering for yearly emulation titles.
- For officers, soldiers violating the regulations:
+ Reprimand.
+ Downgrade yearly emulation titles.
+ Not considering for yearly emulation titles.
+ Rate as not completing tasks.
+ Warning.
+ Discipline.
+ Demotion in rank or salary.
+ Dismissal, demotion.
+ Withdraw the People's Public Security title.
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