China News Service, July 26. According to the website of the Supreme People's Procuratorate, from 2017 to 2021, procuratorial organs across the country prosecuted 14,000 units of crime and 47,000 people. Among them, from 2017 to 2020, it showed an increasing trend year by year, and dropped significantly in 2021.

  A unit crime refers to a crime committed by a company, enterprise or other unit in the name of the unit, and the illegal gains are owned by the unit.

According to the provisions of the Criminal Law, if a unit commits a crime, it shall be sentenced to a fine, and the person in charge directly responsible for it and other directly responsible personnel shall be sentenced to punishment.

  In handling the case, the procuratorial organ found that in recent years, unit crimes have shown four main characteristics, and it is necessary to strengthen the punishment, prevention and governance in a targeted manner.

  1. Judging from the distribution of crimes, crimes against the socialist market economic order are relatively concentrated.

According to the provisions of my country's Criminal Law, there are 164 crimes involved in unit crimes.

Among the unit crimes prosecuted from 2017 to 2021, there are 10,500 crimes involving disrupting the socialist market economic order, accounting for 75% of the total number of unit crimes prosecuted.

The crimes with a large number of prosecutions include: falsely issuing special VAT invoices, defrauding export tax rebates, and deducting tax invoices in 5,512 cases, accounting for 39.4%; illegally absorbing public deposits in 1,132 cases, accounting for 8.1%; illegal occupation of agricultural land There were 1,071 crimes, accounting for 7.7%; 931 crimes of smuggling ordinary goods and articles, accounting for 6.7%; 636 crimes of environmental pollution, accounting for 4.5%, and the five crimes combined accounted for 66.4% of the total number of criminal prosecutions.

  2. Judging from the types of units involved in the case, non-state-owned companies, enterprises and institutions accounted for over 80%.

From 2017 to 2021, the unit crime cases handled by the procuratorial organs involved a total of 39,000 units, of which 32,000 were non-state-owned companies, enterprises and institutions, accounting for 81.8%.

From the perspective of criminal behavior, the crimes of non-state-owned companies, enterprises and institutions are mainly manifested as falsely issuing special value-added tax invoices for the interests of the unit, defrauding export tax rebates, deducting tax invoices, illegally occupying agricultural land, illegally absorbing public deposits, and units offering bribes Wait.

  3. Judging from the punishment situation, the amount of fine imposed on the unit is huge, and the sentence imposed on the person in charge of the unit and other directly responsible persons is mainly light suspended sentence.

From 2017 to 2021, the court imposed a total of 23.82 billion yuan in fines on units, with an average fine of 2.099 million yuan.

The persons in charge directly responsible for the unit and other persons who are directly responsible are mainly sentenced to light probation, and 79.8% were sentenced to fixed-term imprisonment of less than three years (including criminal detention, public surveillance, single fine and exemption from criminal punishment), and the rate of probation 56.7%.

  In practice, some companies involved in the case were unable to operate normally because their responsible persons were arrested and sentenced, and even closed down and laid off workers, which affected employment and business operations.

In order to prevent "the case and the factory from being broken down", the Supreme People's Procuratorate issued 11 specific procuratorial policies in 2018. If the person in charge of the enterprise is involved in business-related crimes, they will not be arrested if they can not be arrested, those who can not be prosecuted will not be prosecuted, and those who can be prosecuted will not be prosecuted. Probation shall be applied to the actual punishment, and the equal protection of the legitimate rights and interests of enterprises shall be effectively strengthened.

In the deepening implementation, in order to prevent the leniency of this type of crime, promote the law-abiding operation of the companies involved, prevent the risk of recidivism, and at the same time warn other companies, in March 2020, the Supreme People's Procuratorate innovatively launched the pilot compliance reform of the companies involved: according to the law, no arrest, If the case is not prosecuted, the enterprises involved shall be instructed to make compliance commitments, make practical rectifications, and implement both "love" and "strict management", so as to promote the governance of corporate criminal prosecution sources.

  In March 2021, the Supreme People's Procuratorate deployed the second phase of the reform pilot program in 10 provinces including Beijing and Shanghai, and the scope of the pilot program was extended to 62 municipal courts and 387 grass-roots courts; in April this year, the pilot reform of enterprises was implemented in all procuratorial organs across the country. push away.

During the pilot program, the procuratorial organs accurately grasped the applicable conditions for compliance, and clarified the types of cases applicable to the compliance reform of the enterprises involved as: various criminal cases involving companies, enterprises and other market entities in their production and business activities, including those implemented by companies, enterprises, etc. Unit criminal cases also include criminal cases closely related to production and business activities committed by companies, actual controllers of enterprises, business managers, and key technical personnel.

  In order to prevent enterprises from engaging in "paper compliance" and false rectification, the Supreme People's Procuratorate and the State-owned Assets Supervision and Administration Commission of the State Council, the All-China Federation of Industry and Commerce and other departments have explored the establishment of a third-party supervision and evaluation mechanism, established a third-party mechanism management committee, and selected high-quality companies involved in compliance. The professional database of the third-party mechanism conducts objective, fair and effective supervision and evaluation of the compliance commitment and rectification of the companies involved. Judicial, law enforcement, and industry supervision work together to promote the institutionalization of "strict management" and prevent the abuse of "love".

  Since the pilot program, procuratorial organs across the country have handled 2,382 compliance cases, including 1,584 cases where the third-party monitoring and evaluation mechanism applies; 606 companies and 1,159 people who have rectified and complied with have made a decision not to prosecute, which has achieved good political and social effects. , legal effect.

In 2021, the number of unit criminal prosecutions will drop significantly, indicating that the procuratorial organs have implemented the criminal justice policy of reducing arrests, prudent prosecution and prudent detention, and the pilot effect of deepening the compliance reform of enterprises involved in the case has shown initial results.

For example, a private enterprise in Hubei was suspected of committing a crime in its operation, and the procuratorial organ urged it to make rectification in compliance with the case.

After the rectification of the enterprise, the production and operation are on the right track, with an additional investment of over 100 million yuan and employment of hundreds of people.

  At the same time, if the third-party assessment believes that the involved enterprises have violated their commitments, the rectifications are invalid, and those who have resorted to fraudulent means to deceive the assessment conclusion, resolutely and strictly prosecute in accordance with the law, or put forward procuratorial opinions on strict punishment and punishment to the relevant competent authorities, so that the illegal enterprises Be punished properly, form a deterrent and a warning.

For example, the person in charge of a private enterprise in Jiangsu was suspected of counterfeiting a registered trademark, and the procuratorial authority approved the company's compliance construction according to the enterprise's application.

During the compliance rectification period, the procuratorial organ, together with a third-party supervision and evaluation organization, visited the company many times, and found that the company still had problems such as the irregular use of registered trademarks, and finally determined that the company failed to comply with the rectification and rectification, and prosecuted the two criminal suspects according to law. In the public prosecution, the court adopted all the facts and sentencing recommendations of the procuratorate to make a judgment.