Supreme Procuratorate: from 2017 to 2021, procuratorial organs nationwide prosecuted 14000 unit crimes

2022-07-27

On July 26, the reporter learned from the Supreme People's Procuratorate that from 2017 to 2021, procuratorial organs across the country prosecuted 14000 crimes committed by units and 47000 people (Note: the "people" here include the units and the persons directly in charge and other persons directly responsible of the units, and the units are counted as the drafters). Among them, from 2017 to 2020, there was an increasing trend year by year, and it decreased significantly in 2021. Unit crime refers to the crime committed by companies, enterprises and other units in the name of the unit, and the illegal income belongs to the unit. According to the criminal law, if a unit commits a crime, it shall be fined, and the person in charge and other persons who are directly responsible for it shall be sentenced to criminal punishment. The procuratorial organ found that in recent years, unit crimes have shown three main characteristics, and it is necessary to strengthen punishment, prevention and governance. Judging from the distribution of charges, the crimes of disrupting the order of the socialist market economy are relatively concentrated. According to the criminal law of our country, there are 164 charges involved in unit crime. Among the unit crimes prosecuted from 2017 to 2021, 10500 crimes related to disrupting the order of the socialist market economy, accounting for 75% of the total number of unit crimes prosecuted. A large number of charges were prosecuted: 5512 crimes of falsely issuing special VAT invoices, defrauding export tax rebates, and deducting tax invoices, accounting for 39.4%; 1132 crimes of illegally absorbing public deposits, accounting for 8.1 percent; 1071 crimes of illegal occupation of agricultural land, accounting for 7.7%; There were 931 crimes of smuggling ordinary goods and articles, accounting for 6.7%; There were 636 crimes of environmental pollution, accounting for 4.5%, and the five crimes accounted for 66.4% of the total number of crimes prosecuted by units. In terms of the types of units involved, non-state-owned enterprises and institutions account for more than 80%. From 2017 to 2021, the procuratorial organs handled a total of 39000 unit crime cases, including 32000 non-state-owned enterprises and institutions, accounting for 81.8%. From the perspective of criminal behavior, the crimes committed by non-state-owned enterprises and institutions are mainly manifested in falsely issuing special invoices for value-added tax, defrauding export tax rebates, deducting tax invoices, illegally occupying agricultural land, illegally absorbing public deposits, and bribery by units for the benefit of units. From the perspective of punishment, the amount of fines imposed on the unit is huge, and the punishment imposed on the person in charge of the unit and other directly responsible persons is mainly light probation. From 2017 to 2021, the court imposed a total fine of 23.82 billion yuan on units, with an average fine of 2.099 million yuan. The punishments imposed on the persons directly in charge and other persons directly responsible of the unit are mainly mild probation. The number of people sentenced to punishments below three years of fixed-term imprisonment (including criminal detention, public surveillance, single penalty and exemption from criminal punishment) accounts for 79.8%, and the probation rate is 56.7%. According to the Supreme People's Procuratorate, in practice, some enterprises involved in the case were unable to produce and operate normally because their principals were arrested and sentenced, and even closed down and laid-off workers, affecting employment and enterprise management. In order to prevent "handling a case and collapsing the factory", the Supreme People's Procuratorate issued 11 specific procuratorial policies in 2018, which put forward the application of probation suggestions for the persons in charge of enterprises involved in business crimes, who can not be arrested, prosecuted or sentenced according to law, and effectively strengthen the equal protection of the legitimate rights and interests of enterprises. In deepening the implementation, in order to prevent such crimes from being lenient, promote the law-abiding operation of the enterprises involved, prevent the risk of recidivism, and warn other enterprises, the Supreme People's Procuratorate innovatively carried out the pilot compliance reform of the enterprises involved in March 2020; In March 2021, the Supreme People's Procuratorate deployed to carry out the second phase of reform pilot in 10 provinces including Beijing and Shanghai, and the pilot scope was extended to 62 municipal hospitals and 387 grass-roots hospitals; In April this year, the pilot of enterprise reform was fully launched in procuratorial organs across the country. In the pilot, the procuratorial organs accurately grasp the applicable conditions of compliance, and define the types of cases applicable to the compliance reform of the enterprises involved as all kinds of criminal cases involved in the production and operation activities of the companies, enterprises and other market entities, including both the criminal cases committed by the companies, enterprises and other units, as well as the criminal cases closely related to the production and operation activities committed by the actual controllers, management personnel and key technical personnel of the companies and enterprises. In order to prevent enterprises from engaging in "paper compliance" and false rectification, the Supreme People's Procuratorate and multiple departments explored the establishment of a third-party supervision and evaluation mechanism, established a third-party mechanism management committee, selected and determined the professional database of the third-party mechanism of the enterprises involved in the case with high quality, and conducted objective, fair and effective supervision and evaluation of the compliance commitments and rectification of the enterprises involved. Since the pilot, the national procuratorial organs have handled 2382 compliance cases, of which 1584 cases are applicable to the third-party supervision and evaluation mechanism; 606 enterprises and 1159 people who have rectified and complied with the law have made a decision not to sue according to law, which has achieved good political, social and legal effects. In 2021, the number of unit crime prosecutions decreased significantly, indicating that the procuratorial organs have implemented the criminal justice policy of less arrest, cautious prosecution and cautious detention, and the pilot results of deepening the compliance reform of enterprises involved in the case have begun to show. At the same time, if the enterprise involved in the case is judged by a third party to be in breach of its commitment, the rectification is invalid, and the assessment conclusion is obtained by fraud, it shall be prosecuted strictly in accordance with the law, or the procuratorial opinion of strict punishment and punishment shall be put forward to the relevant competent authority, so that the illegal enterprise will be punished appropriately, forming a deterrent and warning. (Xinhua News Agency)

Edit:Wei Li Bin    Responsible editor:Yi Bing

Source:people.cn

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