The conviction of corporate fraud depends on the following circumstances:
1. The legal representative of the company knows that the company is fraudulent, which also constitutes a crime of fraud. He shall also bear criminal responsibility and be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined. The object of the crime of fraud is the ownership of public and private property.
Some criminal activities, although they also use some deceptive means and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property; The objective manifestation of the crime of fraud is to defraud a large number of public and private property by fraud.
2. If the legal representative is unaware of the company's fraud, he does not need to bear criminal responsibility;
3, the boss personal fraud, fraud plot has nothing to do with the company, is a personal crime, has nothing to do with the organization as a legal person.
In the determination of the crime of unit contract fraud, there are three main situations:
1. The legal representative of a legal person or unit commits contract fraud in the name of the legal person or unit, and if the illegal income of the crime belongs to the legal person or unit, it belongs to unit contract fraud; A contract fraud committed in the name of a legal person or unit by pretending to be the legal representative of the legal person or unit, and the legal representative or legal person does not ratify it afterwards, which belongs to personal contract fraud.
2. Contract fraud committed by natural persons within a legal person or unit organization in the name of a legal person or unit within the scope of their duties, and if the illegal proceeds of crime are owned by the legal person or unit, it is a legal person or unit contract fraud; Non-duty behavior or unauthorized behavior carried out in the name of a legal person or unit, which is not ratified by the legal person or unit afterwards, belongs to personal contract fraud.
3. If a natural person commits contract fraud in the name of a legal person or unit within the scope authorized by the legal person or unit, or a natural person commits contract fraud in the name of a legal person or unit without an agent, the proceeds of the crime shall be owned by the legal person or unit after ratification by the legal person or unit; Theft, fraudulent use, forgery of official documents, certificates and seals of legal persons or units, or contract fraud in the name of terminated legal persons or units are personal contract fraud. When dealing with contract fraud cases of legal persons or units, the legal persons or units should be given necessary criminal punishment and be made to bear administrative, civil or economic responsibilities while the directly responsible person in charge and other directly responsible personnel are investigated for criminal responsibility. Because this kind of crime is an activity based on the overall will of the legal person or unit, and all or basically all the illegal income belongs to the legal person or unit, it is reasonable to punish the legal person or unit. Judging from the actual situation, most contract fraud cases are implemented in the name of the unit. However, it should be noted that not all contract fraud crimes committed in the name of the unit are investigated for criminal responsibility as unit crimes.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.