The "inner ghost" has come out, and the development of private enterprises has developed faster and more stable

On July 20, the person in charge of the Case Management Office of the Supreme People's Procuratorate introduced that since this year, the international environment has become more complicated and severe, and the domestic epidemic situation has been exacerbated, which is not conducive to increase significantly, and the economic development is extremely unusual. In the face of unusual complicated difficulties, the procuratorial organs in the first half of this year gave full play to their procuratorial functions, actively created the business environment of the rule of law, and more diverse protection measures for private enterprises. The procuratorial organs adhere to the combination of punishment and equal protection in accordance with the law in accordance with the law, correctly grasp the criminal policy of lenient and strictness, and perform their duties in accordance with the law, and continuously improve the quality of the case. Effectively prevent legal risks.

Layered treatment allows the enterprise to "get back to life"

Company Z is a well -known tire company, and nearly 80%of agents have participated in false claims, constituting a crime. If all arrests and prosecution, the company's sales network will be on collapse. How to punish crimes and minimize the impact of case handling on enterprises? The Changshu City Procuratorate in Jiangsu Province was accurately treated in the plot area and answered these two problems. Recently, the prosecutor returned to learn that the company had resumed normal operations, and the total output value in 2021 reached 2.54 billion yuan.

On July 6, 2017, Company Z received an anonymous report letter that reported that the company claimed to be the company's agent and reported that the company's technical service department employees collected a repaid for the agent to pay the repaid for the agent. After investigation, a huge occupation case was held.

It turned out that since July 2015, 14 employees such as Tao and Zhou of the technical service department of Company Z have made false claims on the combination of 25 sales agents across the country to form a so -called "industry hidden rule". They judged the damage tire without quality problems to meet the company's "three packages" claims and obtained the company's claims.

The agent involved in the case is "cooperated" because they have concerns: "We are worried that it will affect normal claims without cooperation, so we dare not refuse." In two years, they returned about 50%of the false claims to Tao and others. Most of the remaining parts are given back to the lower layers to maintain customers and increase tire sales.

After the incident, the Changshu Procuratorate involved in advance and found that the 25 agents involved in the case operated 80%of the national sales network of Company Z, and most of the 25 suspects involved in the 25 sales agents were enterprises. Legal representatives, major shareholders of the enterprise or actual operator. If all the heads of the agent involved in the case are arrested and prosecuted, the sales network of Company Z will face "collapse", and the entire industry may be considered a considerable impact. Company Z repeatedly requested the judicial organs to deal with them lightly.

"While strictly handling cases in accordance with the law, controlling the impact on the normal business activities involved in the case is the biggest test facing the case." Gu Wanyan, the prosecutor of the case handling, introduced that the Changshu Procuratorate held a discussion meeting. Properly grasp the policies and legal standards of handling cases, and make good benefits, as much as possible to reflect the judicial temperature in the process of criminal handling, and create conditions for the normal production and operation of enterprises involved in the case.

Under the premise of ensuring no confession and impact investigation, the person in charge of the two involved and the criminal acts were not checked on the premise of ensuring the possibility of no confession and impact on the investigation. Or it is recommended that the public security organs directly take the bail pending trial; and after identifying the case and clarity, take the initiative to conduct the necessity review of the detention. It is suggested that the public security organs change the compulsory measures of the above two leaders as the bail pending trial.

During the review and prosecution stage, the Changshu Procuratorate conducted layered treatment of criminal suspects of different circumstances in accordance with the criminal policy of lenients and strictness. On the basis of the full compensation of the person in charge of the agent and the company's employee part of the employee Z, a total of more than 1,600 million yuan of the victims was recovered, and the circumstances of the surrender, the crime, the refund, the crime confession and the conviction and other circumstances were combined. The responsible person in charge of the agent made a relatively non -prosecution, and the other 12 agent leaders filed a public prosecution. They suggested that the probation was applied to the public prosecution of 14 company Z employees. In May of this year, the case was selected as a typical case of criminal invasion of crimes issued by the procuratorial organs issued by the Supreme Procuratorate in accordance with the law.

"For economic crimes and other amounts, the amount involved is often an important criterion for judging the relatively non -prosecution. However, the circumstances are lighter from the entire case in combination with the specific circumstances. If all prosecutions are sentenced to punishment, the blow is too wide, which will have a significant impact on the normal operating activities of the private enterprises involved in the case, leading to inconsistent crimes. "

During the handling of the case, the Changshu City Procuratorate visited Company Z twice on the spot and learned that the company lacked effective punishment measures for the long -term claims "industry hidden rules". "While handling the case according to law, we must consolidate the wisdom of procuratorial wisdom, and‘ point -to -point ’help companies solve practical problems, and be a good‘ rule of law. ’” Ming Wenjian, the prosecutor of the Changshu Procuratorate. To this end, the institute issued procuratorial suggestions to Company Z, proposed to optimize and publicize claims standards, improve the internal regulatory system, etc., and conducts criminal criminal risks and preventive education and training of agents across the country throughout the country. Essence "Procuratorial organs used professional wisdom and precise services to help us improve management," said the deputy general manager of Company Z. On October 24, 2018, the victims held an agent conference. The Changshu City Procuratorate of Jiangsu Province was invited to explain the legal application of the law and the use of criminal policies in this case, and made the topic of the "Criminal Criminal Risk and Prevention of Private Enterprises". Lecture.

On the basis of this case, the Changshu City Procuratorate also jointly jointly established the economic and technological development zone of the territorial territory to build a legal risk prevention education base for non -public enterprises in Changshu City. Since its use in December 2019, the base has received more than 6,000 people from non -public enterprises to visit 135 batches. It provides customized laws for corporate characteristics and needs to help build and improve criminal risk prevention and control mechanisms, and promote the development of corporate compliance.

Help private enterprises purify the internal workplace ecological environment

Use personal QR codes to receive customer consumption funds, arrange 8 people to attach to the company to "eat empty", and misappropriate the company's materials and equipment privately ... Changmou, who once served as the operating manager of the two nationwide chain beverage companies, in one year Over time, the company has used the above method to occupy the company's property through the above method a total of more than 500,000 yuan. Public prosecution was filed by the Procuratorate of Xicheng District of Beijing, and Chang was sentenced to one year and ten months by the court by the court for the crime of occupation.

Changmou adopted false reports, compensation, and "public funds for private collection" and other methods to occupy the company's property, which belongs to the typical "ant moving" type of occupation behavior. In May of this year, the case was selected as a typical case of criminal invasion of crimes issued by the procuratorial organs issued by the Supreme Procuratorate in accordance with the law.

In September 2020, an anonymous reporting letter pointed his spear head to Changmou. He managed the power and property management of more than 60 stores in the Beijing area. The company was shocked by the content of the report. After visiting and understanding, the report was selected.

After the case, Chang Mou explained that his personal cost was very large. In order to increase his income, in May 2019, he suddenly thought that he could use the method of replacing the two -dimensional code in the store to seek personal gain for himself. The store manager implements the plan.

Changmou said that he contacted the manager of the three stores. These store managers would arrange employees to pay customers to pay the code to Changmou's personal account after 21 o'clock after 21 o'clock. Although he knew that this was violated, Changmou was their superiors, and the manager did not dare to violate him.

After investigation, in these three stores arranged by Changmou, almost every day will use his personal QR code to collect consumption funds, with an average of 20 to 30 orders a day, with an average amount of about 1,000 yuan.

However, the turnover of the company has not satisfied Changmou. Responsible for personnel management, he found that the company's attendance system was loophole: when part -time employees were punching in work, no one was supervised by the side. Changmou then found the friends and relatives around him, used their identity information to go through part -time procedures in the stores they governed, and then arranged for the manager and the official employees of the actual work to help these people attend the attendance to check in, and earn through the attendance of attendance hours. Part -time salary. After the company pays salary, Changmou will let them transfer their salary to themselves. From August 2019 to the incident, Changmou has completed the employment procedures for 8 part -time employees of "non -existent", and instructed others to check in on behalf of others, and falsely reported a total of more than 210,000 yuan.

In August 2020, Changmou's brother -in -law opened a drink shop with others. At that time, a store that was responsible for managing was withdrawn the store. Changmou also arranged for the shop chief to send two employees to go to work, and Xiao Zhao was one of them.

"I was arranged there to work there, but the salary was still distributed by the original company." Xiao Zhao said that Chang Mou also taught him to pick up raw materials and formulas from the original store many times.

Chang Mou's various behaviors prescribed by the enterprise have caused extremely bad impacts in the employee team. According to Luo Qiang, the prosecutor of the case, they found that in the case of handling the case, many regional managers of Chang Mou also had the behavior of "eating empty".

The reporter learned that beverage chain stores belong to the fast -moving consumer goods industry and have the characteristics of small consumption amount, high consumption frequency, and wide consumer groups. It also caused the identification of the amount of crime to become the difficulty in the review and prosecution of the case.

Gao Yun, a member of the case handling team, introduced that the institute guided the investigating agency to determine the principles of judicial accounting audit in the interval of the confession of the criminal suspect and the key information of the witness testimony of the suspect and the key information of the witness testimony. Thousands of records suspected of associated with the occupation behavior in the rotation flowing water. At the same time, the risk control and technology department of the victims and technology departments set up the big data model of the high and low peaks of the stores involved in the case of Beijing. Data screening standards finally determined the amount of crimes in this case. "In the process of handling the case, we adhere to the criminal policy of leniency and strictness, and will pursue the entire process of pursuing the criminal lawsuit." Luo Qiang, the prosecutor of the case handling, introduced it after a detailed logical demonstration and interpretation. Contact your family to refund the compensation. "In addition, for other regional managers that have illegally profitable profits through‘ eating empty ”, we have also guided the investigating agencies to contact the person involved for refund compensation."

On May 29, 2021, the Procuratorate of Xicheng District filed a public prosecution for Changmou's suspected crime of occupation. On June 8 of the same year, the court made a guilty judgment on it.

In response to the convenience of some corporate managers using their positions, and conducting the phenomenon of "private funds and private property movement" criminal activities in production and operation activities, the Xicheng District Procuratorate in accordance with the law in accordance with the law, proposed to strengthen employees to strengthen employees in accordance with the law. Warning education, attendance and material supervision, cashier operation specifications, and store rectification planning plan.

The case -handling team of the Second Procuratorate of the Xicheng District Procuratorate in Beijing returned to the enterprise to implement the rectification of procuratorial recommendations.

Luo Qiang told reporters that the purpose of making prosecution proposals is not only to help enterprises purify the internal workplace ecological environment, but more importantly, to promote the industry's exploration and establish a healthy and orderly management model. The two fast -moving goods companies that Changmou had worked carefully after receiving the procuratorial advice, and took measures to build a national store sales low -peak data early warning system, equipment abnormal data response system, etc., and also carried out case warning education and employee rule of law education simultaneously.

Dig out the "worm" for the company's e -commerce transformation

"We have applied for brand stores on the e -commerce platform, and have expanded live broadcast channels. The company is transforming to e -commerce! Although the transformation is a bit late, we have eliminated the" worm "and regulate the system. We are more practical!" On June 27, in the face of the prosecutor of the Procuratorate of the Yuecheng District Procuratorate in Shaoxing City, Zhejiang Province, a person in charge of a home furnishing company in Zhejiang said.

The "worm" that the person in charge said is Lei Mou, the company's original e -commerce operation commissioner. Earlier, in the process of being in charge of the company's e -commerce transformation, he aimed at the company's financial management loopholes and took the public funds as his own. Is his behavior embezzling funds or occupation? The prosecutor draws the cocoon from the electronic data, restores the facts of the facts with evidence, and is accurate to the case. Since then, the prosecutor's prosecution has been filed by the prosecutor, and the court sentenced Lei to one year in prison for the crime of occupation. In May of this year, the case was selected as a typical case of criminal invasion of crimes issued by the procuratorial organs issued by the Supreme Procuratorate in accordance with the law.

In December 2019, Lei Mou joined a home furnishing company in Zhejiang and was mainly responsible for the graphic design of the product.

With the accelerated development of the e -commerce industry, the company wants to transform and upgrade. At this time, Lei Mou took the initiative to say that he had experience in the e -commerce industry, and also had friends who knew the e -commerce platform, and could help the company's transformation. In this way, the heavy responsibility of online brand operations fell on Lei.

After that, the company invested a lot of money on the brand store, purchasing live equipment, and online promotion brands, and also sent Lei to find a "public relations" for an e -commerce platform, but the company's transformation has not made progress.

In July 2020, the company found that during the audit internal accounts that Lei had applied for reserve funds and public relations fees in the name of online brand operations, but it has not transferred the remaining money. The company repeatedly urged, but Lei was ignored, and eventually lost contact, and the company had to call the police.

The case was transferred to the Yuecheng Procuratorate for review and prosecution. Facing the questioning, Lei Mou argued that the company did not specify the time limit for the reinstatement of the backup money. He just used some public funds to temporarily use some public funds and waited for the money at hand, and immediately returned the money to the company.

Is this really true? If it is identified as misappropriation of funds, Lei Mou is likely to be released by innocence according to the facts and circumstances of this case. With questions, the prosecutor immediately started investigating and found that the company did have a "blank area" in the management of spare gold. After graduating from the postgraduate of Lei, there was a registered company in the name, which may have a certain ability to repay. In addition, the evidence of the case cannot prove that Lei deliberately illegally possesses public funds. From this point of view, Lei's justification seems to be reasonable.

In order to further find out the facts, the prosecutor decided to "break the question" from Lei Mou, and guided the public security organs to supplement fixed evidence from subjective purposes, misappropriation of money, and the economic situation of Lei. In the end, it was found that Lei Mou had used false receipts to reimburse the company, saying that "there is a doorway to help the company's public relations" also fabricated out of thin air, and the company under Lei Mou has been suspended for many years and owed foreign debt. He has misappropriated. Public funds splurge.

At the same time, the prosecutor also discovered the criminal facts of omissions. According to Lei, he applied for a promotion fee to "brush gifts" and "buy traffic" as the company's live room. Traditional items and service transactions have invoices and documents can be checked, but virtual items such as "brushing gifts" and "buying traffic" e -commerce platforms are not tangible. How to confirm the authenticity of Lei Mou's confession? After understanding the operation method of buying virtual items to purchase virtual items, the prosecutor quickly launched his own reconciliation procedure, seized the key electronic data evidence of "payment record", extracted the payment record of Lei Mou's mobile phone, and confirmed that Lei Mou had no related purchase records It is a false confession. The fog was opened here, and a complete evidence chain raised Lei Mou's subjective intention of illegally possess public funds. It was found that from December 2019 to March 2020, Lei Mou used his position convenience to make money to "brush gifts" for the company's live broadcast room, and find a friend's public relations in the e -commerce platform. A total of more than 180,000 yuan in the use of funds and public relations expenses, and occupied itself for individual squanders.

On December 14, 2020, the Yuecheng District Procuratorate filed a public prosecution against Lei with suspected crime of occupation. On December 25 of the same year, the court sentenced Lei to one year in prison.

Punishment of corruption within private enterprises cannot stop in handling the case. In response to the loopholes of the company's financial and personnel management in the case of the case, the institute has issued procuratorial suggestions to the company, suggesting that the company further improves the financial management system, regulates administrative personnel management, enhances compliance management awareness, and prevent enterprises from the source. Internal criminal risk.

At the same time, on the "hidden rules" that breed corruption such as "staying doors" and "running public relations", the hospital also put forward opinions on the e -commerce platform to urge the platform to improve the internal integrity management mechanism, and for e -commerce companies and industries The healthy development of healthy development creates a more fair environment for rule of law.

"The company compared the procuratorial suggestions to improve the financial management regulations and clarified the use process of backup funds. We must speed up the transformation and development of e -commerce, but through this case, we believe that the premise of the development of the company is legal compliance." Said to the prosecutor. (Prosecutor's Daily Lu Zhijian Simple Fan Yuehong Ge Hang Chen Ya Li Hao Chen Yuanyuan Yuan Weiying)

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