For the company's illegal absorption of public deposits, the company and its corresponding legal representative and person directly responsible shall bear civil and criminal responsibilities. A principal offender is one who organizes or leads a criminal group in criminal activities or plays a major role in joint crimes.
If the salesman doesn't know, the employee is not responsible; If a salesperson knowingly commits a crime and plays a secondary or auxiliary role, it is an accessory, and the salesperson may bear corresponding criminal responsibility.
Article 26 of the Criminal Law A principal offender is one who organizes and leads a criminal group to engage in criminal activities or plays a major role in a joint crime.
A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group.
The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed.
Article 27 of the Criminal Law An accomplice is one who plays a secondary or auxiliary role in the same crime.
An accessory shall be given a lighter, mitigated or exempted punishment.
Extended data
Case: Suspected of illegally absorbing public deposits? Chen Peng, a former employee of Qilu Securities, was sued.
Nearly a year after being arrested on suspicion of illegally absorbing public deposits, Chen Peng, a former employee of Qilu Securities, was formally prosecuted by the People's Procuratorate of Gangcheng District, Laiwu City.
Chen Peng's attorney, Yuan Jun, a lawyer of Beijing Zhao Zhong Law Firm, confirmed to the Beijing News yesterday that he had obtained the indictment on March 20th. According to the indictment, the procuratorate accused him of illegally absorbing public deposits. It is worth noting that Chen Peng was charged with personal charges this time, and the prosecution did not involve his old club Qilu Securities.
"According to the indictment, individuals in Chen Peng absorbed public deposits. We don't recognize the prosecution of individual crimes. The public security organs investigated for so long and collected so much evidence, but finally they prosecuted for personal crimes. We don't admit it. We believe that Chen Peng is a job behavior. " Yuan Jun said.
On April 25th, 20 14, Chen Peng was taken away by the police on suspicion of illegally absorbing public deposits, and was later detained by Shandong Yinshan Public Security Bureau. On June, 2065438, Chen Peng was arrested by the police.
According to the reporter's understanding, the private placement products initiated by Chen Peng during his tenure, namely You Jie 1 and Youjie No.2, were taken away. The total scale of You Jie 1 products was 78.77 million yuan, and the scale raised by Qilu Securities customers was 20 million yuan. The total scale of Youjie No.2 product is 77.39 million yuan, and the scale of Qilu Securities customer collection is 26.98 million yuan. After these two products expired on April 24, 20 14, there was trouble that they could not be redeemed.
In this case, a customer in Laiwu reported Chen Peng to the public security organ.
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law
People's Network-Suspected of illegally absorbing public deposits? Chen Peng, a former employee of Qilu Securities, was sued.