phân tích thủ tục truy cứu trách nhiệm hành chính đối với giáo viên trong vụ việc giáo viên đánh học sinh

Answers

Answer 1

Answer:

Tuỳ theo tính chất, mức độ vi phạm, viên chức vi phạm các quy định của pháp luật trong quá trình thực hiện công việc hoặc nhiệm vụ thì phải chịu một trong các hình thức kỷ luật là:

- Khiển trách;

- Cảnh cáo;

- Cách chức;

- Buộc thôi việc.

1. Phạt tiền từ 5.000.000 đồng đến 10.000.000 đồng đối với một trong các hành vi sau:

a) Kỷ luật người học không đúng quy định của pháp luật hiện hành;

b) Xúc phạm danh dự, nhân phẩm, xâm phạm thân thể người học nhưng chưa đến mức truy cứu trách nhiệm hình sự.

Giáo viên đánh học sinh có thể bị truy cứu trách nhiệm hình sự

Trường hợp giáo viên đánh học sinh mà gây thương tích trên 11% hoặc dưới 11% nhưng thuộc một trong các trường hợp như: thực hiện với người dưới 16 tuổi, lợi dụng chức vụ, quyền hạn… thì có thể bị truy cứu trách nhiệm hình sự về Tội cố ý gây thương tích.

phạt cải tạo không giam giữ đến 03 năm hoặc phạt tù từ 06 tháng đến 03 năm.

- Phạt tù từ 02 năm đến 06 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể từ 31% đến 60%; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 11% đến 30%...

- Phạt tù từ 05 năm đến 10 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích (trừ trường hợp làm biến dạn vùng mặt) hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 31% đến 60%;…

- Phạt tù từ 07 năm đến 14 năm khi phạm tội thuộc một trong các trường hợp: Làm chết người; Gây thương tích làm biến dạng vùng mặt của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; …

- Nặng nhất, người phạm tội có thể bị phạt tù từ 12 năm đến 20 năm hoặc tù chung thân khi làm chết 02 người trở lên…

Như vậy, tùy thuộc vào tính chất, mức độ vi phạm mà giáo viên đánh học sinh sẽ bị truy cứu trách nhiệm hình sự với một trong các khung hình phạt phù hợp về Tội cố ý gây thương tích.

 

 

 

 

Giáo viên đánh học sinh có thể bị truy cứu trách nhiệm hình sự

Trường hợp giáo viên đánh học sinh mà gây thương tích trên 11% hoặc dưới 11% nhưng thuộc một trong các trường hợp như: thực hiện với người dưới 16 tuổi, lợi dụng chức vụ, quyền hạn… thì có thể bị truy cứu trách nhiệm hình sự về Tội cố ý gây thương tích.

phạt cải tạo không giam giữ đến 03 năm hoặc phạt tù từ 06 tháng đến 03 năm.

- Phạt tù từ 02 năm đến 06 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể từ 31% đến 60%; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 11% đến 30%...

- Phạt tù từ 05 năm đến 10 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích (trừ trường hợp làm biến dạn vùng mặt) hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 31% đến 60%;…

- Phạt tù từ 07 năm đến 14 năm khi phạm tội thuộc một trong các trường hợp: Làm chết người; Gây thương tích làm biến dạng vùng mặt của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; …

- Nặng nhất, người phạm tội có thể bị phạt tù từ 12 năm đến 20 năm hoặc tù chung thân khi làm chết 02 người trở lên…

Như vậy, tùy thuộc vào tính chất, mức độ vi phạm mà giáo viên đánh học sinh sẽ bị truy cứu trách nhiệm hình sự với một trong các khung hình phạt phù hợp về Tội cố ý gây thương tích.


Related Questions

a personal experience where you overcome your difficulties by by trying to pray namaz under all circumstances whatever our state.

Answers

Answer:

I want to share with you what we've learned about having faith in God through difficult times.

...

“I am Loved” 4-Week Bible Study Course

Experience confident joy as God's love renews your mind.

Find peace as god's love helps you let go of worry and fear.

Rediscover hope as God's love offers a new perspective on trials.Explanation:

Let God know exactly where you're failing to let go and let God handle the situation. Make your request before the Lord, and then leave it at His feet. Give it to God by turning it over to Him and trust that He will help you throughout the circumstances. Allow Him to exchange your worry and fear with His peace.Psalm 9:9-10 The Lord is a refuge for the oppressed, a stronghold in times of trouble. Psalm 34:10b Those who seek the Lord lack no good thing. Isaiah 26: 3-4 Those of steadfast mind you keep in peace—because they trust in you. Trust in the Lord forever, for in the Lord God you have an everlasting rock.

What are some specific criminal justice policies that can be analyzed based on the death of George Floyd?

Answers

Answer:

George Floyd's death occurred on May 25, 2020, when Derek Chauvin - a white police officer - arrested Floyd and knelt on his neck for approximately 9 minutes and 30 seconds after he was handcuffed and lay face down on the floor.

The incident was filmed by several attendees who asked Chauvin to remove his knee from Floyd's neck. Likewise, the police officers were wearing body cameras, which also recorded the entire interaction with Floyd. Although the footage from operated body cameras was eventually also released, this did not happen until months after the incident itself and the publication of the private video footage. The day after the arrest - after several eyewitnesses had released their video footage of the incident - all four police officers were fired. Two autopsy reports subsequently found that Floyd had been killed, although the conclusions of the two reports as to the cause of death are not conclusive.

The incident, including in particular various video recordings, created a great deal of attention worldwide. In the United States, the incident led to large-scale demonstrations organized by Black Lives Matter around various American cities. Several of the demonstrations in the United States were accompanied by various forms of swelling, violence, street fighting and other forms of crime. President Donald Trump in several cases ended up approving the deployment of extra police officers to reduce the violence that ensued following the demonstrations. The case was a wake-up call to American society regarding institutional racism, especially in police agencies, as well as a sign of their brutality.

SOLID YELLOW LINES SEPARATE: A. Vehicles traveling in opposite directions B. Bicycle lanes from regular traffic C. Traffic lanes on one-way streets

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Answer:

A vehicles traveling in opposite direction

CÁCH LÀM BÀI THU HOẠCH

Answers

Answer:

Bạn nên hỏi bằng Tiếng Anh ấy ạ. Sẽ có nhiều người dễ chỉ hơn ạ. Đa số người nước ngoài, hỏi Tiếng Việt họ không hiểu đâu ạ.

Popular television shows such as CSI: Crime Scene Investigation have brought the role of the crime scene investigator to the public, raising interest in forensic science.
Describe your thoughts on the “CSI effect” and the impact that it has had on jurors?

Answers

Explanation:

It basically gives a false represention

-that smoking gun evidence is the only form of evidence that can prove something beyond reasonable doubt

-it makes people biased against criminals

Basically those are my thoughts but there are probably more


ENDANGERING OTHER PEOPLE ON A HIGHWAY WHILE YOU
ARE EXPERIENCING ROAD RAGE IS

Answers

Answer:

Aggressive driving has been a problem on our roadways for a while, and it seems to only be getting worse. Incidents of screaming, rude gestures, and sometimes even violence are reported frequently on our roadways to the point where it has earned its own name: road rage. Learn what causes road rage, whether you are prone to it, and how you can help to keep our roads safe by not giving in to road rage.

What is meant by liquidation

Answers

Answer: Liquidation in finance and economics is the process of bringing a business to an end and distributing its assets to claimants. It is an event that usually occurs when a company is insolvent, meaning it cannot pay its obligations when they are due.

Suppose a plaintiff alleges that a North Carolina campaign-financing law violates his First Amendment (to the United States Constitution) free speech rights. This case _____, and it falls under _____ jurisdiction

Answers

Answer:

raises a federal question; concurrent

Explanation:

A plaintiff is a party or an individual who files a case against another party in the court of law.

The [tex]\text{First Amendment to the Constitution of the United States of America }[/tex]prevents the Government or the Congress to make any law that regulates the establishment of any religion or it prevents the free exercise of any religion or abridge the freedom of press or of speech and he right of people for peaceful assembly.

Concurrent jurisdiction exits where more than one court is involved and where the hearing is done in two or more courts together and simultaneously over the specific case.

In the context, a person files a case against a campaign-financing law of North Carolina stating that the law violates the plaintiffs First Amendment freedom of speech rights.

Thus his lawsuit raises a federal question and the case falls under a concurrent jurisdiction where more than one court will have jurisdiction over the case.

if a twelve-year-old minor has made a cash payment for a contract in which she was not assisted by her guardian and the contract is repudiated, she may recover money by obtaining guardian consent or not​

Answers

Answer:

By obtaining guardian consent

Explanation:

Because he is minor age. Or else he is accompanied by 18nyrs old up

The Minneapolis Domestic Violence Experiment sought to determine the relative deterrent effects of arrest, mediation, and separation in misdemeanor domestic violence incidents. What was one of its findings?

Answers

Answer:

One of the findings was that it was possible to see that prisons were able to reduce the level of violence against women.

Explanation:

The Minneapolis Domestic Violence Experiment sought to stipulate which punishment was most effective in decreasing cases of domestic violence. For this, they will observe the effects of arrests, mediations and separations in incidents of domestic violence, applied to a group of offenders convicted of this type of crime. During the evaluation of the results, it was observed that prisons were more effective in decreasing the rate of repeated domestic violence against women, as offenders who were arrested had the lowest rate of recidivism of domestic violence, in contrast to other punishments.

How is justice related to fairness and equality?

Answers

How is justice related to fairness and equality?

The most fundamental principle of justice—one that has been widely accepted since it was first defined by Aristotle more than two thousand years ago—is the principle that "equals should be treated equally and unequals unequally." In its contemporary form, this principle is sometimes expressed as follows: "Individuals

what does a paralegal do ?​

Answers

common tasks for paralegals include preparing legal documents, including briefs, pleadings, appeals, wills, contracts, and real estate closing statements; meeting with clients and other professionals to discuss details of their cases; preparing for trial by performing tasks such as organizing ...

Answer:

paralegals perform tasks such as conducting legal and factual research, drafting court documents and correspondence, reviewing and summarizing records, filing documents with the court, maintaining files, and. communicating with clients.

What’s The answer to this question ?!

Answers

Answer:

both parties

Explanation:

looked up the definition

You post a notice at school that you will sell your laptop computer for $1,200. A buyer comes by your room to look at it while you are gone and your roommate sells it for $1,100, thinking you would be happy with that price, which you did not authorize.

a. you must enter into a written agreement with your roommate for it to be valid.
b. you can accept the deal by express or implied ratification.
c. the deal cannot be valid because there was no consent.
d. you must accept the deal because people living together have power of attorney

Answers

C. Because you did not sell your own laptop and you did not consent to 100 dollars less than the price

tern for when businesses produce goods and services that consumer do not want​

Answers

Answer:

Productive or technical inefficiency.

Explanation:

Factors of production can be defined as the fundamental building blocks used by individuals or business firms for the manufacturing of finished goods and services in order to meet the unending needs and requirements of their customers.

Basically, there are four (4) main factors of production and these are;

I. Land.

II. Labor (working).

III. Capital resources.

IV. Entrepreneurship.

Furthermore, when these aforementioned factors of production are combined effectively and efficiently, they can be used for the manufacturing or production of goods and services to meet the unending requirements or needs of the consumers.

In Economics, there are two types of inefficiency associated with the production of goods and services, these includes;

1. Allocative inefficiency: it occurs when businesses do not maximise output from the given inputs.

2. Productive (technical) inefficiency: it occurs when businesses produce goods and services that the consumers do not want.​ This is typically as a result of the incorrect and inefficient allocation of scarce resources by a business firm or entity.

Hence, a term for when businesses produce goods and services that consumer do not want is productive (technical) inefficiency.

Why do you think a credit card company would agree to lend people money to buy things before they p ay for them

Answers

Because of interest. When we ask for money, we have to pay an extra amount per month, week, year (interest) That’s how your bank, card company etc makes money. It’s off of your money.

What is the administrative law?

Answers

Answer:

Administrative law is the law that governs the administrative actions. ... It governs the executive and ensures that the executive treats the public fairly. Administrative law is a branch of public law. It deals with the relationship of individuals with the government.

Explanation:

Answer:

Administrative law is the law that governs administrative actions. It governs the executive and ensures that the executive treats the public fairly. Administrative law is a branch of public law. It deals with the relationship of individuals with the government.

Explanation:

100% on Edge. 2022

号 Which of the following can be inserted on the Insert tab? Borders Excel spreadsheets Captions Headers and footers​

Answers

Answer:

Headers and footers

Explanation:

The insert tab can the found on the ribbon of word processing programs, excel spreadsheets as they contain commands which allows the insertion of objects such as illustrations, tables, charts hyperlink, pictures, text boxes, Footers and headers. In a word processing program too, the insert tab also contains these elements. Therefore. From the question given, the feature from the given options which can be inserted from the insert tab is the Footer and Header. Which allows allows users to add information at the top and bottom areas of a page.

why the Third Circuit Court of Appeals found that there was sufficient evidence to uphold the Defendant’s conviction for securities fraud/insider trading

Answers

Explanation:

The law of insider trading has been called everything from a "theoretical mess" to "astonishingly dysfunctional," with calls for change from Congress and the Securities and Exchange Commission to clarify the scope of the prohibition. But is the law really so bad? The elements are now well established, despite gray areas around the edges like other white collar crimes. Congress and the general public have embraced insider trading as something clearly wrongful. If the law needs to be changed, the most likely push would be to expand it by adopting the possession theory of liability used in Rule 14e-3 for tender offers and the European Union that makes trading on almost any confidential information subject to prosecution.

A prosecutor discovers possible exculpatory evidence about the defendant but decides to withhold that evidence so that the defense will be at a disadvantage. What is a way that some jurisdictions have sought to ensure the fair exchange of information between parties?

Answers

Answer:

Withholding evidence especially from the state is crime; On the calls of Perjury. And the Judge will get to ask for evidence, and the evidence may be leaked publicly over time.

24. The penalties for a first-time DUI charge include community service for
A. 5 hours
B. 20 hours
C. 50 hours
D. 200 hours
PREV
24 40
NEUT

Answers

Answer: B. 20 hours

Explanation:

the first offence is a class c misdemeanor and usually is 20-40 hours of community service given

Can I sue a teacher if they claim my work for themselves?

Answers

Yes that is plagiarism

questions for muslium.....

Answers

Answer:

Hadith is a form of Islamic tradition recorded in oral sources. A hadith is usually a short and out of context account of what Muhammad said or did. Usually its purpose was to confirm something in accordance with the law of God.  Together, the hadiths form the sunnah, the most important source of Muslim morality and law after the Qur'an. Initially, they were passed on orally through the chain of messengers. According to the traditional view of Muslim scholars, this contributed to the creation of many false hadiths, which were to support the interests of individual groups, and by about 200 years after the prophet's death, there were already around 200,000 Arab scholars therefore proceeded to a careful study of these messages, checking the chain of transmitters of each hadith. On the basis of this research, they created collections of hadiths believed to be authentic.

The following is NOT one of the stages of licensing in Georgia:

A. Class CP (Learned’s permit);
B. Class D (Graduated license);
C. Class C (full license)
D. Class CDL (beginner commercial license)

Answers

The correct answer is d

Class CDL (beginner commercial license) is not one of the stages of licensing in Georgia and is denoted as option D.

What is Licensing?

This is referred to as an official permission to do something. Permit is always given after different stages.

Licensing in Georgia has the following stages such as:

Class CP (Learned’s permit)Class D (Graduated license)C. Class C (full license).

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It is often stated that the United States does not have two systems of courts (i.e. State and Federal), rather, we have 51, because each State has its own system and then there is the Federal system. Discuss two pros and two cons of our current court system and then detail how having 51 "systems" may impact the idea of equality under the court of law in your opinion. Be sure to use resources to back up your opinion.

Answers

Answer:

it is

Explanation:

If you refuse to take a blood urine breath test to determine if you are under the influence

Answers

It’s drugs or alcohol

4. What should you do when you come behind a stopped school bus which is unloading children?

A. Slow down before passing the bus.

B. Make a full stop before passing and move slowly.

C. Stop behind the bus and remain stopped as long as lights are flashing.

D. None of the above

Answers

C. Stop behind the bus and remain stopped as long as lights are flashing.

it’s c

stop behind the bus and remain stopped as long as lights are flashing

Name and explain two laws or legislations that protects the right to be protected violation

Answers

Answer:

The Human Rights Act

The Civil Rights Act

Explanation:

The Human Rights Act is the non-negotiable right that everyone has and enjoys such as right to life, right to lawful gathering, right to happiness, etc which is enshrined in the constitution. It protects the rights of humans and ensures that they are not tampered with.

The Civil Rights Act of 1964 in America ended (legally) the systematic racism and segregation faced by the blacks by the whites. It abolished redundant laws that ensured segregation and put new, better laws in place that made sure that such cases were illegal and punishable by law.

Which of the following is known as the "supreme law of the land?"A.The Executive BranchB.The federal governmentC.The U.S. ConstitutionD.Supreme Court decisions​

Answers

The correct answer is C. The U.S. Constitution

Explanation

The Constitution of the United States is the oldest federal Constitution in the world, it established the laws of the United States on the seventeenth day of September 1787, during the Constitutional Convention of Philadelphia once the United States became independent from the United Kingdom. The Constitution is also known as the supreme law of the United States because it is the most important law of the United States and it is superior to other laws. According to the above, the correct answer is C. The U.S. Constitution.

What does visual lead time refer to?

Answers

the time and distance a driver visually scans ahead of their vehicle

Visual lead time refers to the duration between perceiving a visual stimulus and initiating a corresponding action or response.

It encompasses the processing time required for the brain to interpret visual information, make decisions, and initiate a motor response. This concept is crucial in various domains, including sports, driving, and everyday tasks.

A shorter visual lead time indicates faster reaction speed and can provide a competitive advantage. Factors influencing visual lead time include individual perceptual and cognitive abilities, task complexity, and environmental conditions.

By understanding and optimizing visual lead time, individuals can improve their responsiveness and decision-making, leading to enhanced performance in activities that rely heavily on visual processing.

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In a sewage treatment facility, an optimal environment is maintained for the survival of naturally occurring species of microorganisms. These organisms canthen break the sewage down into relatively harmless wastewater. For these microorganisms, the wastewater facility serves as1.its carrying capacity2.a food chain3.an ecosystem4.an energy pyramid function travelSpeed = CalculateTravelSpeed(startX, startY, endX, endY, travelTime) % startX, startY: Starting coordinates % endX, endY: Ending coordinates % travelTime: Travel time in hours % Write an anonymous function to compute distance given two coordinates % Function name: EuclideanDist % Function inputs: x1, y1, x2, y2 % EuclideanDist = ... % Do not modify the statement below travelSpeed = EuclideanDist(startX, startY, endX, endY) / travelTime; end Helppp and explain pleaseeeeee!!!!!! There has to be 10 connections.. The initial momentum of a system is measured at 300 kgm/s. Afterwards, themomentum is measured to be 280 kgm/s. What is the impulse of the system? Brain to first correct answer! Given the interval 0 The interest rate would fall and the quantity of money demanded would:a. increase if there were a shortage in the money marketb. decrease if there were a shortage in the money marketc. increase if there were a surplus in the money marketd. decrease if there were a surplus in the money market Question 3. Give the correct form or tense of the verbs in brackets. (1.511. Ao dal (date)back to ancient time.2. (Wear)uniform is one of school's regulations in Vietnam.3. Look! That school girl (wear)ao dai.4. All uniforms have labels (bear)school's name asstudents'name.5. Since he was young he (choose)his own clothes.6. I wish my sister (be)at the fashion show with me now. calculate:An elcetric lamp is rated 240V and 40W. What is the cost of running the lamp for 62 hours if the elctricity authorities charges #2.50k per KWH can you plz answer me from the photo 5. What is x in the diagram? Tell whether the equation Y=Y true or false Suppose that Musashi, an economist from an AM talk radio program, and Rina, an economist from a university in Massachusetts, are arguing over health insurance. The following dialogue shows an excerpt from their debate:Rina: A popular topic for debate among politicians as well as economists is the idea of providing government assistance for health benefits.Musashi: I think it is oppressive for the government to tax people who take care of themselves in order to pay for health insurance for those who are obese.Rina: I disagree. I think government funding of health insurance is useful to ensure basic fairness.The disagreement between these economists is most likely due to:a. Differences in scientific judgmentsb. Differences in Valuesc. Differences between perception VS. realityDespite their differences, with which proposition are two economists chosen at random most likely to agree?a. Lawyers make up an excessive percentage of elected officials.b. Minimum wage laws do more to harm low-skilled workers than help them.c. Tariffs and import quotas generally reduce economic welfare. can someone help me with this question Performance Task No. 1Compose a persuasive essay. You are free to choose your desired topic. Pay attention to the rubricsprovided so that you will be guided on what to do. ______contains journal vouchers of past periods for audit trail a box contains 6 dimes, 8 nickels, 12 pennies, and 3 quarters. what is the probability that a coin drawn at random is not a dime Over the past 60 years, many amphibian species have experienced significant population declines and some species have become extinct. Scientists suspected that local human activities such as the destruction of wetlands, regional pollution, and deforestation were the main reasons for these losses. However, research over the past 20 years reveals significant amphibian population declines in protected areas of the world, such as nature preserves and parks. These global declines suggest widespread problems including increased ultraviolet radiation, acid rain, and disease. In Switzerland, for example, 14 of the 20 native amphibian species are threatened with extinction. Some biologists urge the collection of the few remaining individuals of some of the most threatened amphibian species, to preserve them if they become extinct in the wild. If such captive breeding programs could produce thousands of individuals from just a few of the remaining survivors, the species will still be threatened because of ______. Find the volume! Its due soon.