There are many crimes involved in suspected duty crimes, and sentencing should be based on their specific crimes. Take the crime of abuse of power and dereliction of duty as an example. If a functionary of a state organ abuses his power or neglects his duty, resulting in heavy losses to public property and the interests of the state and the people, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances of the crime are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Duty crime refers to the criminal acts committed by state organs, state-owned companies, enterprises and institutions by taking advantage of their positions, such as corruption and bribery, favoritism, abuse of power, dereliction of duty, violation of citizens' personal rights and democratic rights, destruction of state rules and regulations on official activities, etc., and should be criminally punished in accordance with the criminal law. Of course it has an impact, and it has a great impact. First, those who do not retire will be put in prison, and if they are put in prison, there will be a period of deemed payment. The actual payment period of endowment insurance shall be retained. After being released from prison, he will return to work or actually pay the old-age insurance and the actual payment period before going to prison, and retire at the age.
Second, if you are in prison after retirement, stop issuing retirement pensions, resume issuing them after you get out of prison, and participate in future adjustments. If a person is sentenced to probation, the pension will be paid as usual, but he will not participate in the adjustment, and he will participate in the adjustment after the probation period expires.
Legal basis:
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.
Derivative problem:
What is a duty crime?
There are three kinds of duty crimes: corruption and bribery, dereliction of duty, violation of citizens' personal rights and democratic rights. Duty crime refers to a criminal act in which the staff of state organs, state-owned companies, enterprises, institutions and people's organizations take advantage of their existing powers, embezzle and accept bribes, engage in malpractices for selfish ends, abuse their powers, neglect their duties, infringe on citizens' personal rights and democratic rights, and undermine the state's rules and regulations on official activities, which should be punished according to the criminal law.