China News Service, Beijing, July 26 (Reporter Zhang Su) China's Supreme People's Procuratorate released relevant data on unit crimes on the 26th, analyzed the main characteristics of unit crimes, and pointed out that it is necessary to strengthen punishment, prevention and governance.
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.
The data shows that from 2017 to 2021, procuratorial organs across the country prosecuted 14,000 units for crimes and 47,000 people (Note: "persons" here include units and units directly responsible for supervisors and other directly responsible personnel, units as fictional persons Statistics), among which, there is an increasing trend year by year from 2017 to 2020, and a significant decrease in 2021.
The prosecution found that unit crimes showed three main characteristics: from the perspective of the distribution of charges, crimes against the socialist market economic order were relatively concentrated; from the perspective of the types of units involved, non-state-owned companies, enterprises and institutions accounted for more than 80%; from the perspective of penalties , the amount of fines imposed on the unit is huge, and the sentence imposed on the person in charge of the unit and other directly responsible personnel is mainly suspended.
It is known that according to the provisions of my country's Criminal Law, there are 164 charges involved in unit crimes.
Among the unit crimes prosecuted from 2017 to 2021, there were 10,500 crimes involving disrupting the socialist market economic order, accounting for 75% of the total number of unit crimes prosecuted.
In addition, 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.
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 from “finishing the case and destroying the factory”, the Supreme People’s Procuratorate innovatively launched the pilot compliance reform of the enterprises involved in the case, and if there is no arrest or prosecution in accordance with the law, the company involved in the case is instructed to make compliance commitments and make practical rectifications. Strict management” to promote the governance of corporate criminal prosecution sources.
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 is applicable; 606 companies and 1,159 people who have rectified and complied with have made a decision not to prosecute in accordance with the law.
Some commentators believe that the number of unit criminal prosecutions in 2021 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 companies involved in the case has begun to show.
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