The Criminal Law provides for the crime of collusion in bidding. According to Article 76 of the "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" promulgated by the Supreme People's Procuratorate and the Ministry of Public Security, bidders colluding with each other in bidding, or bidders colluding with the tenderee, are suspected of one of the following circumstances , a case should be filed for prosecution, which is the condition for filing a case for the crime of collusive bidding:
(1) Damaging the legitimate interests of the tenderee, bidders or the country, collectives and citizens, causing direct economic losses of more than 500,000 yuan ;
(2) The amount of illegal income is more than 100,000 yuan;
(3) The amount of the winning project is more than 2 million yuan;
(4) ) Using illegal means such as threats, deception or bribery;
(5) Although failing to meet the above standards, he has been subject to more than two administrative penalties within two years for colluding in bidding and colluding in bidding;
(6) Other serious circumstances.
How to sentence the crime of collusive bidding?
If bidders collude with each other in bidding and quoting, thereby harming the interests of the tenderee or other bidders, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
If a bidder colludes with the tenderer to bid and harms the legitimate interests of the state, collectives and citizens, he shall be punished in accordance with the provisions of the preceding paragraph.
Can I be released on bail pending trial for the crime of collusive bidding?
Those who are suspected of colluding in bidding can apply for bail pending trial.
Article 67 of the "Criminal Procedure Law" The people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on bail pending trial under any of the following circumstances:
(1) Those who may be sentenced to public surveillance, criminal detention, or independent additional penalties;
(2) Those who may be sentenced to fixed-term imprisonment or more, and being released on bail pending trial will not cause a social danger;
(3) ) Women who are seriously ill, unable to take care of themselves, pregnant or breastfeeding their own babies are released on bail pending trial and will not pose a risk to society;
(4) The detention period has expired and the case has not been concluded, and it is necessary to Released on bail pending trial.
After reading the above content, we can know that the crime of colluding in bidding is also the crime of colluding in bidding. The conditions for filing the case and the punishment for the crime have also been mentioned above. I hope everyone will understand after reading this and become law-abiding citizens. If there is anything else you don’t understand, please ask our attorneys.