Opinions of the Supreme Procuratorate on Punishing and Preventing Crimes by Internal Personnel of Private Enterprises in accordance with the Law

2023-08-01

On the 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 private economy" (hereinafter referred to as the "Opinions"). According to the relevant person in charge of the Fourth Procuratorate of the Supreme People's Procuratorate, the problem of internal personnel of private enterprises, especially key positions such as executives, finance, procurement, sales, and technology personnel, who violate the legitimate rights and interests of private enterprises without timely and effective punishment, seriously damages the legitimate rights and interests of private enterprises, affects their core competitiveness and innovative development, disrupts the order of fair competition in the market, and damages the development environment of private enterprises, It is necessary to punish and actively prevent according to law. In response, the Opinion requires procuratorial organs at all levels to punish and prevent crimes committed by internal personnel of private enterprises in accordance with the law, as an important part of protecting the legitimate rights and interests of private enterprises in accordance with the law. By performing procuratorial duties with high quality and efficiency, while punishing crimes in accordance with the law, they can better assist enterprises in addressing problems and improving internal governance. The Opinion consists of four parts and 12 articles, mainly applicable to crimes committed by internal personnel of private enterprises who infringe on the legitimate rights and interests of private enterprises. It not only puts forward specific requirements for the performance of procuratorial duties, but also clarifies the institutional mechanisms that need further research and improvement. The Opinion calls for increasing the punishment of corrupt behaviors such as embezzlement, misappropriation of funds, and bribery committed by internal personnel of private enterprises in accordance with the law; Promote and improve the mechanism for recovering and disposing of property involved in the case, and recover losses for private enterprises involved in the case; Dealing with internal personnel of private enterprises who take advantage of their positions to illegally operate similar businesses, illegally seek profits for family and friends, engage in favoritism and engage in low price stock conversion, and sell enterprise assets in accordance with the law; Strictly crack down on crimes such as infringement of trade secrets, trademark rights, copyrights, etc. by key technical and management personnel in private enterprises that affect the innovation and development of enterprises. It is understood that from the perspective of prosecution cases, there are varying degrees of problems behind internal personnel crime cases, such as inadequate corporate governance system, chaotic financial management, lack of internal prevention mechanisms, and weak legal awareness among employees. Strengthening the compliance construction of private enterprises and improving the institutional mechanisms for preventing internal personnel crimes are fundamental measures to protect their legitimate rights and interests from the source. (New News Agency)

Edit:Jia Jia    Responsible editor:Wang Chen

Source:People.cn

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