Further strengthen the full chain crackdown on securities and futures crimes

2023-05-09

On April 13th, the first "Beijing Shanghai Shenzhen Securities and Futures Crime Prosecutors Seminar" was held in Beijing, with the theme of "The Punishment and Prevention Path of Securities and Futures Crimes and the Development of Securities and Futures Crime Handling Bases for Prosecutors". At the meeting, the Third Branch of the Beijing Municipal Procuratorate released the "Handbook for the Construction of Securities and Futures Crime Investigation Bases for Prosecutors (Beijing) (2022)", which systematically sorted and analyzed the trends and characteristics of securities and futures crime cases in the Beijing region, and proposed corresponding governance suggestions. In March 2019, the Securities and Futures Crime Investigation Base of the Procuratorate (Beijing) was listed in the Third Branch of the Beijing Municipal Procuratorate. Since the establishment of the case handling base, the Third Branch of the Beijing Municipal Procuratorate has handled a total of 23 securities and futures crime cases involving 53 individuals, including 9 cases of arrest and 23 individuals, and 14 cases of prosecution involving 30 individuals. From the perspective of the trend of case acceptance, a total of 21 securities and futures crime cases were handled with 48 people in 2022. Compared with the past three years, the number of cases has increased by 42.8%, 80.9%, and 52.4%, respectively. The growth situation reflects that the case handling base takes the implementation of the highest prosecution case handling system as the starting point, and collaborates with departments such as China Securities Regulatory Commission and Public Security to adhere to the "zero tolerance" policy towards securities illegal and criminal activities, effectively promoting the quality and efficiency of securities and futures crime case investigation in Beijing. From the perspective of the types of crimes, the specific charges include: the crime of breach of trust and damaging the interests of listed companies, the crime of illegal disclosure or non disclosure of important information, the crime of fraudulent issuance of corporate bonds, the crime of using non-public information for trading, and the crime of insider trading and leaking insider information. From the age distribution of the individuals involved in the crime, the age range of 30 to 49 years old accounts for over 79% of all individuals involved; From the educational background of the personnel involved, a bachelor's degree or above accounts for approximately 76.7% of the total number of people involved in the case. The main characteristic of the case is that the types of cases are relatively concentrated, and the traditional charges are still in the heavily affected areas. The types of cases are concentrated, mainly reflected in the fact that the charges involved are mainly insider trading, the crime of leaking insider information, and the crime of using non-public information for trading. These two charges account for 87.5% of the total number of securities and futures crime cases, indicating that traditional charges are still in the hardest hit areas. The first case in the region is frequent, and the means of criminal behavior are constantly evolving. In recent years, the illegal and criminal activities surrounding the capital market have become increasingly diverse. In addition to traditional transactional crimes, various criminal activities committed due to violating specific legal obligations have also emerged one after another. The reason behind this is that, on the one hand, after the implementation of the national "zero tolerance" policy for crimes against financial security, administrative supervision and criminal justice have increasingly cracked down on such illegal activities. On the other hand, with the economic and social development and the increasingly active financial capital market, securities and futures crimes in Beijing have gradually shown a new trend of diversification. The personnel involved in the case have obvious professional characteristics and strong awareness of avoiding supervision and anti investigation. The individuals involved in the case have a relatively high overall educational background, with nearly 80% having a bachelor's degree or above, reflecting the high intelligence of securities and futures criminal groups. From the perspective of the professions of the personnel involved, they all have professional identities and backgrounds related to securities and futures, and their industrial characteristics are very obvious.

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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