Company criminal risk prevention lecture outline

Speaker: Zhou Jianwei
2010 · 9 · 11  Zhejiang Gongshang University

Zhou Jianwei
Master of law

Zhejiang Xingyun lawyer
City business committee committee member of the criminal law
The association of professional committee secretary general, criminal
Member, association of Finance and Insurance Committee

 

SME innovation legal adviser

 

"The law", "Hangzhou law", "Zhejiang Merchants", Journal of academic papers published more than 20 articles

 

 
The subject company criminal risk

Company

Personal

 

 

Company criminal risk causes

Criminal risk common company

How to prevent

How to face

 

 

Economic disputes and criminal cases

Henan Tongli property housing two sell Zhengzhou 46 owners 1629 dashuipiao
 A room two sell 7 years living in 46 households found that the house is others
  
    It is the civil liability?
  

Economic disputes and criminal cases
A room two sellDevelopers Shi the contract fraud (Fengjie)

City ExpressThe landlord sold the house rose make every attempt to get real

Corporate criminal risk
The 1 involved factors

      The awareness of the law

             Huawei former employees of the crime of infringing trade secrets
             Singapore Hanson fast remittance company Ling'an office illegal business case (province procuratorial system to observe the case)
             The case of illegal gold futures (Yuhang District procuratorate prosecution case)

      The weakness of human nature of network management non national staff bribery case

2 factors of company governance

           Zhou Xukai special VAT invoice case

3 institutional factorsTrading power for money

 

Company common criminal risk

1 companies set up stage of criminal risk

A false capital contribution, smoke escape capital crime 159

 

Guangdong Foshan City Intermediate People's Court of original GreenKel department head, the original Kelon chairman Gu Chujun case verdict, Gu Chujun was charged with 3 counts of 4 items was established, was sentenced to 12 years in prison, 10 years (previously detained 2 years), and impose a fine of 6800000 yuan.

Company common criminal risk

2 production, sales stage of criminal risk

Producing, selling fake or substandard products 140

Sanlu chairman Tian Wenhua producing, selling fake or substandard products to life imprisonment
(Tian Wenhua has been awarded a national model worker, the three eight red banner pacesetter, member of the CPPCC National Committee)

Company common criminal risk

3 the financial management of the criminal risk

The crime of tax evasion in 201
Liu Xiaoqing tax evasion case

Falsely making out special invoices for value-added tax, for export rebates, tax invoice crime 205

Zhou Xukai special VAT invoice case
Company common criminal risk

4 labor's criminal risk

The crime of infringement of business secret 219
      Huawei former employees of business secrets

Company common criminal risk

5 staff of the criminal risk

The crime of duty encroachment 271.1

 

The crime of misappropriation of funds 272.1
　

Bribery of non national staff of 163.1.2

Rio Tinto Australia Hu Shitai in non national staff bribery crime, the crime of infringing trade secrets

Company common criminal risk
Crime 389

To determine the amount of 1 bribe amount over ten thousand yuan;
               2 bribe amount less than ten thousand yuan, but one of the following circumstances:
(1) pay a bribe to seek illegal benefits of control;
(2) to more than three people bribery;
(3) to the Party leadership, the judicial personnel, administrative law enforcement personnel bribery;
(4) resulting in serious losses to the state or social interests.

Because of blackmail to state functionaries in finance, has obtained the illegitimate interests, shall be investigated for criminal responsibility in the crime of bribery.

The unit crime 393

       The Wong Kwong Yu case unit bribe Illegal Insider trading business

If the circumstances are serious
The 1 unit bribe amount over two hundred thousand yuan;
The 2 unit is the amount of bribery to seek illegitimate interests but less than two hundred thousand yuan in one hundred thousand above, but has one of the following circumstances:
(1) pay a bribe to seek illegal interests;
(2) to more than three people bribery;
(3) to the Party leadership, the judicial personnel, administrative law enforcement personnel bribery;
(4) resulting in serious losses to the state or social interests.

The introducing bribe crime 392

If the circumstances are serious the individual to the national staff bribery 20000 yuan;
The unit to the national staff bribery 200000 yuan

6 in the financing of the criminal risk

 

The crime of illegal absorbing public deposits ("criminal law" article 176th)

   Jianglong holdings case Tao Shoulong on suspicion of the crime of illegal absorbing public deposits, intentionally destroying accounting vouchers crime
   Wu Yingan

The amount of conviction
Man: (1) deposits 200000 yuan; (2) to absorb more than 30 households; (3) account loss 100000 yuan; (4) other serious consequences
Unit: (1) deposits 1000000 yuan; (2) the absorption of 150 households; (3) account loss 500000 yuan; (4) other serious consequences
A huge amount of personal absorbed 1000000 yuan
        Unit to absorb 5000000 yuan

 Fraud ("criminal law" article 192nd)

A large amount of individual unit of 50000 yuan 100000 yuan
A huge amount of people 200000 yuan 500000 yuan per unit
The huge personal 1000000 yuan 2500000 yuan per unit
No standard fraud 5000000 yuan or to the interests of the state and people's losses 3000000 yuan

Company criminal risk prevention

 

Construction of a clean and honest administration

Raise the risk consciousness

Strengthen training

To strengthen corporate governance

         Zhou Xukai special VAT invoice case Liu Xiaoqing tax evasion case Lu bribery case

Counsel
Once the involved, how to face

Principles of Criminal Procedure Law

The principle of presumption of innocence and the principle of evidence judgment
 
   "Criminal Procedure Law" the twelfth stipulation: without the approval of the people's court to sentence, no person shall be found guilty.

   Immunity from prosecution to abolish the evidence insufficiency does not sue the lack of evidence of conviction

   Presumable innocence evidence of non prosecution evidence of doubt no conviction

The legal principle of crime and punishment
 
The principle of suiting punishment

The accused has the right to defence principle

   "Criminal Procedure Law" the eighth stipulation: "the accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence."

1 state of mind
         
         Facing the crisis, with the investigation

2 double
       
       "Chinese inspection organs of discipline inspection work regulations" provisions of article twenty-eighth, those who know the circumstances of the case organizations and individuals have the obligation to provide evidence. The investigation group has the right to take the following measures in accordance with the prescribed procedures, investigation and evidence collection, relevant organizations and individuals shall provide truthful evidence, and shall not refuse or obstruct, make the requirements that the relevant personnel within the stipulated time, place on the case and the issues involved. The investigation of time is three months, may be necessary to extend a.

   Nature
   Surrender oneself
Once the involved, how to face

3 suspects in criminal proceedings in the litigation rights

Criminal action

The suspect, the defendant's legal rights

Hire a lawyer to meet with a lawyer bail record check
Mandatory measures to lift   
( The 14 day The 37 day      2 months, 3 months and 5 months to 7 months)
Apply for the withdrawal of the appraisal conclusion objection right of cross examination of self defense final statement

Inquisition by torture
Cheat for, inducement
Withdraw a confession
Illegal evidence exclusion review program start

4 choose good lawyer

 

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