The procuratorial organs can actively perform their duties to promote the healthy development of compliance in private enterprises - handling an illegal case and improving an enterprise system (Rule of Law Headlines: Rule of Law Protects the High Quality
2023-09-07
The procuratorial organs have not only helped us purify the internal workplace ecosystem, but also helped us improve our systems, making us more confident in development! "Recently, when faced with a return visit from the Yuecheng District Procuratorate in Shaoxing City, Zhejiang Province, the head of a household goods company in Zhejiang said. In recent years, procuratorial organs have adhered to the combination of punishment in accordance with the law and equal protection in handling cases, correctly grasped the criminal policy of combining leniency with severity, actively performed their duties in accordance with the law, and continuously improved the quality and efficiency of handling cases. At the same time, combined with the compliance work of the involved enterprises, they have helped enterprises improve internal governance, effectively prevent legal risks, and safeguard the healthy development of private enterprises. Identify the "insider" of the enterprise, handle a case, and govern a Zhejiang household goods company. During an audit of its internal accounts, it was discovered that Lei had repeatedly applied for reserve funds and public relations fees under the guise of online brand operation, but had not yet handed over the remaining funds. After the company reported to the police, the case was transferred to the Yuecheng District Procuratorate for examination and prosecution. Faced with questioning, Lei argued that the company did not set a time limit for the return of reserve funds, and he only temporarily used some of the public funds. When he had more money on hand, he immediately returned the money to the company. Is this really the case? The prosecutor initiated an investigation and found that the company did indeed have management loopholes in the reserve fund. Lei also has a registered company under his name, which may have certain repayment capabilities. The prosecutor "solved the problem" from Lei and ultimately found out that he had used false receipts to reimburse the company. His claim that "there is a way to help the company with public relations" was also fabricated out of thin air. However, Lei's company has been suspended for many years and still owes foreign debts, and he has already squandered all the embezzled public funds. After investigation, it was found that Lei took advantage of his position to fabricate and use the money to "brush gifts" for the company's live broadcast room and find friends working on e-commerce platforms for public relations. He applied for a total of over 180000 yuan in reserve funds and public relations fees from the company and took them as his own. In the end, Lei was sentenced to one year in prison by the court for the crime of embezzlement. In response to the loopholes in the company's financial and personnel management exposed by the case, the Yuecheng District Procuratorate issued procuratorial recommendations to the company. On July 31st, the Supreme People's Procuratorate issued the "Opinions on lawfully punishing and preventing crimes committed by internal personnel of private enterprises that infringe on the legitimate rights and interests of private enterprises, and creating a good legal environment for the development of the private economy". Behind internal personnel crime cases, there are varying degrees of problems such as inadequate corporate governance system, lack of internal prevention mechanisms, and weak legal awareness among employees. "The relevant person in charge of the Fourth Procuratorate of the Supreme People's Procuratorate stated that while punishing crimes in accordance with the law, the procuratorial organs have always been committed to helping private enterprises strengthen their own compliance construction and improve the institutional mechanisms for preventing internal personnel crime, Promote the implementation of "handling one case and governing one area". Combining leniency and severity to reduce the impact of judicial cases on the normal production and operation of enterprises. A company has received an anonymous report letter stating that employees of its technical service department have collected compensation rebates from agents on the grounds that product quality appraisal is not qualified. This has led to a huge case of embezzlement of positions. Originally, 14 employees of the company, including Tao and Zhou, collaborated with 25 sales agents nationwide to make false claims, determining that damaged tires with no quality issues met the company's "three guarantees" claim situation, resulting in a loss of over 24 million yuan for the company. During this period, sales agents
Edit:Zhou Shu Responsible editor:Wang Chen
Source:People.cn
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