1. How long is the prosecution period for the crime of colluding in bidding?
The prosecution period for the crime of colluding in bidding is five years.
Article 223 of China's Criminal Law stipulates that whoever constitutes the crime of colluding in bidding shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
According to Article 87 of China's Criminal Law, if the statutory maximum penalty for a crime is fixed-term imprisonment of not more than five years, the limitation period for prosecution is five years. In other words, after five years, the criminal responsibility of this crime will no longer be investigated.
To sum up, the prosecution period for the crime of colluding in bidding is five years.
Second, what is the filing standard for the crime of colluding in bidding?
(1) If the parties exclude others from legal competition through illegal means such as collusive bidding, it will make the bidding activities lose their original functions, thus damaging the national interests, social public interests and the legitimate rights and interests of other bidding parties.
(two) the behavior of bidders colluding with each other in the tender offer, which harms the interests of the tenderer or other bidders.
(3) The bidders communicate with each other, form written or oral agreements or mutual agreements on the bidding quotation, or inform each other of the quotation, so as to avoid competition and seek illegitimate interests. There are mainly the following performances:
1, the bidders negotiate with each other and unanimously raise the bid price;
2, mutual consultation between bidders, reduce the tender offer;
3, the agreement between bidders, in similar projects at high prices or low prices in turn to win the bid;
4. The bidders colluded with each other and agreed to give other bidders who failed to win the bid or abandoned the bid "compensation fee for abandonment of bid".
Three, what are the legal provisions of the validity of the bid?
(1) Article 28 of China's Measures for Tendering and Bidding of Construction Goods stipulates: "The tender documents shall specify an appropriate bid validity period to ensure that the tenderee has enough time to complete the bid evaluation and sign a contract with the winning bidder."
(2) According to the Measures for Tendering and Bidding of Construction Goods, before the end of the original bid validity period, in case of special circumstances, the tenderee may require all bidders to extend the bid validity period in writing. If the bidder agrees to extend the bid, it shall not require or allow to modify the substantive contents of its bid documents, but the validity period of its bid bond shall be extended accordingly; If the bidder refuses to extend the bid, its bid will be invalid, but the bidder has the right to recover its bid bond.
(3) The model text of the bidding documents for construction projects gives such a statement on the bid validity period: the bid validity period starts from the closing date of bidding to the date of issuing the bid-winning notice. During this period, all bidding documents are still valid.
(4) Article 46 of the Measures for Bidding and Bidding of Survey and Design of Engineering Construction Projects stipulates that the bid evaluation and calibration activities of a project subject to tender shall be completed 30 working days before the end of the bid validity period. If it cannot be completed, the tenderer will inform all bidders to extend the validity of the bid.
I'll tell you about "how long is the prosecution period for the crime of colluding in bidding". To sum up, you can understand that whoever constitutes the crime of colluding in bidding shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: According to Article 223 of China's Criminal Law, whoever constitutes the crime of colluding in bidding shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.