In the past, the company was investigated for fraud. Will employees who leave their jobs be investigated? This case has been closed

The company is suspected of fraud, and the resigned employees may not be involved. It depends on the role it plays in the criminal process. If employees are accomplices or coerced accomplices in the process of committing crimes, they need to bear certain legal responsibilities. If you find that the company is suspected of fraud, you should call the police at the first time and leave the company. After investigation, the public security organs found that employees did not participate in the fraud process and did not bear any responsibility.

Legal analysis

According to the relevant laws and regulations, there are two kinds of accomplices: those who play a secondary role in accomplices and those who play an auxiliary role in accomplices. The secondary role refers to being subordinate to the principal in the whole criminal activity, expressing approval, echo and obedience to the principal's criminal intention, obeying the principal's leadership and command, and not participating in the decision-making and planning of the crime; An accessory who plays an auxiliary role is characterized by not directly participating in the implementation of specific criminal acts, but only playing the role of providing material or spiritual help for the completion of accomplices in criminal activities. Such as providing tools for committing crimes, keeping watch for committing crimes, indicating the place and object of committing crimes, and removing criminal obstacles. When identifying an accessory, we should pay attention to drawing a clear line between an accessory and shielding the offender. The main differences between them are: the former plays a secondary or auxiliary role in the process of committing the same crime and has the same intention as the principal offender; The latter is to help criminals hide and hide things after committing a crime, and there is no intention with criminals in advance. The perpetrator is subjectively guilty and should bear criminal responsibility. However, it is a last resort under the threat and coercion of others, and its personal danger is less than that of criminals without mental coercion. Therefore, it is stipulated that those who are coerced to participate in a crime should be given a mitigated punishment or be exempted from punishment according to the circumstances of the crime.

legal ground

Criminal law of the people's Republic of China

Article 27 A person who plays a secondary or auxiliary role in a joint crime is an accessory. An accessory shall be given a lighter, mitigated or exempted punishment.

Article 28 A person who is coerced to participate in a crime shall be given a mitigated punishment or be exempted from punishment according to the circumstances of his crime.