First, the "crime of illegally absorbing public deposits" in Article 176 of the Criminal Law will first be investigated, and the business personnel will bear the responsibility according to the specific circumstances.
Second, the distinction between principal and accessory. According to the criminal law, it is the principal who organizes and leads a criminal group to carry out criminal activities or plays an important role in joint crimes, and the accessory who plays a secondary or auxiliary role. The principal offender is generally the main person in charge of the unit, and the accessory is generally the person who participates in the illegal absorption of funds and receives remuneration and commission from it. However, it does not necessarily constitute a crime for employees to extract commission. According to the judicial interpretation, "those who can refund the expenses (agency fees, benefit fees, rebate fees and commissions) in time can be given a lighter punishment according to law; If the circumstances are minor, punishment may be exempted; The plot is obviously secondary. If it is not harmful, it will not be treated as a crime. "
Third, the distinction between accessory and innocence. Not just working in the unit, it becomes an accessory. Generally speaking, the difference between an accomplice and an innocent person lies in whether he knows or should know that he is engaged in criminal activities. If an employee only provides labor services and receives a fixed salary, but has no collusion with the supervisor, no criminal intention, or is only assigned to participate in a certain link of illegal and criminal activities, he should not be regarded as an accomplice, and even he may be a victim.
Therefore, employees of such companies should be judged whether they constitute a crime according to legal provisions and specific cases. In the face of the prosecution by the procuratorate, it is suggested to collect evidence as much as possible, testify truthfully and strive for leniency, and hire professional lawyers to defend.
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