Judicial examination in 2013 criminal law Liu Fengke Lecture Summary (33)

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  • / Author: Aaron Lewis
Judicial examination in 2013 criminal law Liu Fengke Lecture Summary (33)
   The unit crime ★ ★ ★
The unit crime: companies, enterprises, institutions, organizations, groups for the unit or units to seek illegal interests of all members of , decided by the decision-making units in accordance with the unit of decision procedures, by the direct responsibility personnel specific implementation of crime.
1, the main unit: unit crime is the company, enterprise, institution, organization, group crime, that is crime unit itself, and each member is not set unit crime, joint crimes are not units and members of the unit.
(1), constitution of unit crime "companies, enterprises, and institutions" include state-owned, collective property companies, enterprises, business units, including a lawfully established joint ventures, cooperative enterprises and legal person owned, private and other companies, enterprises, and institutions.
[note] four to be the natural person crime penalties not criminalized units:
The individual and the establishment of illegal and criminal activities of the companies, enterprises, institutions, the implementation of crime.
The establishment of the company, enterprise, institution, in order to carry out the crime as the main activities.
The name of the unit crime theft, the illegal income by crime personal crime.
The implementation of crime and has no legal personality owned, private and other enterprises.
(2), when the unit crime, the persons directly responsible for the crime of criminal responsibility of many people, the person in charge directly responsible crime and other directly responsible personnel, can not distinguish the principal, accessory, according to the unit crime in the role of the penalty; source: Unicorn The Beast judicial examination network
(3), suspected of a crime, if the competent authorities, the agency may revoke its business license, declaring the revocation or broken estate, at this time, shall be investigated for criminal responsibility of the personnel directly responsible or supervisors.
[note]: branch of unit or internal organs, departments in the implementation of crime should be the unit crime, not to the individual crime.
2, the unit crime is decided by the decision-making organ units in accordance with the units of the decision-making process, implemented by the directly responsible personnel, and its business, management activity is closely related to.
3, the unit crime is to seek illegal interests for the unit or in the name of the unit (not absolute) to seek illegal interests for the units of all the members or the majority of members of the.
4, the unit crime in the criminal law as the premise. Therefore, a crime "by the unit", but the criminal law is not has stipulated the unit as the main body of the behavior, should and can only on the natural conviction and sentencing.
[note]: according to judicial interpretation, there is an exception to the above principles, namely the unit implements the behavior of loan fraud, unit was established in with crime of fraud. Nevertheless, this action in fact still belongs to the behavior of the fraud of the loan, the loan fraud others from washing money, still set up the crime of money laundering.
The legal consequences of 5, the unit crime is special.
(1), the criminal responsibility of the unit has the integrity: the criminal liability of unit criminal responsibility is the whole unit, and the criminal responsibility not only internal staff.
(2), the criminal responsibility of the unit crime has dual nature: some unit crime, criminal law is to punish the unit, also punished directly responsible personnel; some units crime criminal law punishment, only the direct responsibility personnel, but not to punish the unit itself (such as dividing the state assets crime). Source: Unicorn judicial examination network
[note]:
The existence of unit crime punishment only natural person, but not the only punishment of unit crime unit.
In the criminal law of our country all of the unit crime will be punished natural person. Behavior falsely accused of crime unit, due to the possible that natural person subject to criminal investigation (to infringe on the rights of the person), so, the perpetrator may set up crime of false accusation.
   (3), the criminal responsibility of unit crime has limitations: for units of punishment of unit crime, the unit can only be sentenced to penalties, but not by the other punishment.