Will employees be convicted of colluding with the tendering agency?

If it is necessary to be convicted and the collusion reaches the prescribed filing standards, it can be punished as the crime of colluding in bidding. If a natural person commits the crime of colluding in bidding, he shall generally be sentenced to criminal detention of not more than three years or fixed-term imprisonment, and shall also or only be fined. If a unit commits this crime, on the one hand, it will be fined, and on the other hand, the directly responsible person in charge and other directly responsible personnel will be investigated for criminal responsibility in accordance with the above provisions.

Legal analysis

The object of the crime of collusion is a complex object, which not only infringes on the normal bidding market order, but also infringes on the legitimate rights and interests of the state, the collective and citizens. Bidding is a highly competitive market transaction mode, its advantage lies in the survival of the fittest, so that the manpower, material resources and financial resources of the whole society can be better allocated, and the principles of openness, fairness, impartiality and honesty should be followed. If the parties exclude other people's legitimate competition through collusion and other improper means in bidding, it will make the bidding activities lose their original functions, and then damage the national interests, social public interests and the legitimate rights and interests of other bidders. It is an act of bidders colluding with each other to harm the interests of the tenderer or other bidders. This is usually manifested in the mutual communication between bidders, the formation of written or oral agreements and agreements on bidding quotation, or the mutual notification of quotation information, so as to avoid mutual competition and seek illegitimate interests.

legal ground

Article 223 of the Criminal Law of People's Republic of China (PRC): Bidders who collude with each other in bidding and quotation and harm the interests of the tenderee or other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined. Bidders and tenderers who collude in bidding and harm the legitimate interests of the state, collectives and citizens shall be punished in accordance with the provisions of the preceding paragraph.

Article 231 of the Criminal Law of People's Republic of China (PRC) If a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this section.