First, the other companies participating in the bidding are forced to withdraw, and then the quotations of the three companies are uniformly determined for bidding. Regarding the nature of the defendant's above-mentioned behavior, the defender thinks that it is a violation of public security, while the prosecutor points out that "collusion in bidding is a criminal offence"
Case review:
Since 2065438+February 2006, the extension project of a residential district in Shucheng County, Anhui Province has been invited for public bidding. Fan Xiaoming found 1 1 Hu Tian, Yuan, and other friends, and negotiated that he and Hu Tian should sign up for bidding in the name of Guoan Road and Bridge Company, and Yuan borrowed the qualification of Fengshan Company and the name of Tiankai Company. In order to obtain the information of other bidding companies, Fan Xiaoming learned the list of eight other bidding companies through the staff of the Public Resource Trading Center (who has filed a public prosecution). In order to successfully win the bid, Fan Xiaoming and others repeatedly lobbied these eight companies to persuade them to withdraw their bids. They threatened some "ignorant" companies, and finally all eight companies withdrew from the bidding. After that, they unified the quotations of the three companies and arranged for bidding. At the beginning of March, 2065438+2006, Tiankai Company was listed as the first candidate with a bid price of 65438+700 million yuan, but later Fan Xiaoming and others reported that the bidding was unsuccessful.
The procuratorate prosecuted Fan Xiaoming and other defendants 12 for colluding in bidding. On February 26th, 20 19, the case was heard, and Xie Lei, the procurator of Shucheng County Procuratorate, appeared in court to support the public prosecution.
Xie Lei first questioned Fan Xiaoming.
Xie Lei: "The company you participated in the bidding won the bid, so why did you report that it failed?"
Fan Xiaoming: "I am not satisfied with Tiankai's winning the bid. Guoan Luqiao Company under my name did not win the bid. "
Xie Lei: "How can you guarantee that this tender will fail after reporting?"
Fan Xiaoming: "I arranged these companies, and I know them like the back of my hand. There are regulations in the construction industry that if there is a project under construction, the project manager of Tiankai Company cannot participate in the bidding. "
Xie Lei: "How can you guarantee that Guoan Road and Bridge Company will win the second bid?"
Fan Xiaoming: "As long as Guoan Road and Bridge Company wins the bid, I promise to let Tiankai Company win the bid for other projects in the county and pay Tiankai Company a deposit of100,000 yuan."
In the court debate, Fan Xiaoming and his defense lawyers believed that Fan Xiaoming did not constitute a crime, but should be a public security violation. In this regard, Xie Lei pointed out: "Fan Xiaoming and others 12 people have successively won the bid for the road and bridge project of Guannan Road in this county by collusive bidding. Fan Xiaoming is even known as the' Second Director of the Tendering Bureau'. He voted in every tender in the county and made a profit after winning the bid, which seriously undermined the management order of the bidding market and caused a bad social impact. Therefore, criminal responsibility should be investigated for the crime of colluding in bidding. "
The court finally adopted the public prosecution opinion. On March, 2065438 1 1, the court publicly pronounced that Fan Xiaoming was sentenced to two years and ten months' imprisonment and fined150,000 yuan for the crime of colluding in bidding. Other 1 1 defendants were also sentenced to different terms of imprisonment for the same crime. The defendant refused to accept the judgment of first instance and appealed. On May 8, Lu 'an Intermediate People's Court ruled that the appeal was dismissed and the original judgment was upheld.
Criminal Law Provisions on the Crime of Collusion in Bidding
Article 223 Bidders who collude with each other in bidding and quotation, thus harming 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 Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
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