Article 229: Crime of providing false documents; intermediary agency personnel responsible for asset evaluation, capital verification, verification, accounting, auditing, and legal services intentionally provide false certification documents. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined.
According to the "Supplementary Provisions on the Identification of Crimes in the Implementation of the Criminal Law of the People's Republic of China" issued by the Supreme People's Court and the Supreme People's Procuratorate on March 15, 2002, the crimes in paragraphs 1 and 2 of this article are " The crime of providing false documents", and the crime in paragraph 3 is "the crime of providing false documents by personnel of intermediary organizations" and "the crime of intermediary organizations".
Relevant laws and regulations
Article 17 (3) 22 (1) 222 of the Securities Law
Supreme People’s Procuratorate and Ministry of Public Security’s “Standards for Prosecution of Economic Crime Cases” "Provisions" Articles 72 and 73.
2. Application of common sentencing circumstances
When sentencing, various legal and discretionary sentencing circumstances must be fully considered, and the sentencing circumstances must be determined based on all the criminal facts and sentencing circumstances of the case. application and adjustment ratio. For serious violent crimes, drug crimes and other crimes that seriously endanger social security, the degree of leniency must be strictly controlled; for crimes with minor criminal circumstances, leniency should be fully reflected. When determining the adjustment ratio for each sentencing circumstance, it is necessary to comprehensively balance the relationship between the adjustment range and the actual increase or decrease in punishment to ensure that the crime and punishment are suitable.
(1) For juvenile crimes, comprehensive consideration should be given to the juvenile's ability to understand the crime, the motivation and purpose of the crime, the age at the time of the crime, whether it is a first offender or an occasional offender, his repentance, and his personal growth. Based on factors such as experience and consistent performance, a lenient punishment will be given.
(1) If a minor who is over 14 years old but under 16 years old commits a crime, the base sentence will be reduced by 30-60%;
(2) For a minor who is over 16 years old but under 18 years old If a person commits a crime, the base sentence will be reduced by 10-50 points.
(2) For attempted crimes, comprehensive consideration shall be given to the extent of the criminal act, the amount of damage caused, and the reasons for the attempted crime. , the base penalty can be reduced by less than 50% compared with the completed crime.
(3) For accomplices, the status and role of the accomplice should be comprehensively considered, and the punishment should be lenient and the base sentence reduced by 20-50; if the crime is minor, the base sentence should be reduced by more than 50 or exempted from punishment in accordance with the law.
(4) For the case of surrender, taking into account the motive, time, method, severity of the crime, the degree of truthful confession of the crime and the performance of repentance, the base sentence can be reduced by less than 40%; if the crime is minor, the sentence may be reduced according to law. The base sentence shall be reduced by more than 40% or the punishment shall be exempted. The exception is those who maliciously use surrender to evade legal sanctions, which is not enough to be given leniency.
(5) Regarding the circumstances of the confession, the stage and extent of the truthful confession of the crime, the seriousness of the crime, the degree of repentance and other factors should be comprehensively considered to determine the degree of leniency.
(1) If you truthfully confess your crime, the base sentence may be reduced by 20%;
(2) If you truthfully confess a serious crime of the same type that is not known to the judicial authorities, the base sentence may be reduced by 10% -30;
(3) If you truthfully confess your crime and avoid particularly serious consequences, the base sentence may be reduced by 30-50.
(6) For those who voluntarily plead guilty in court, the base sentence may be reduced to less than 10 based on the nature of the crime, the severity of the crime, the degree of confession and the expression of repentance. Except for those who voluntarily surrender in accordance with the law.
(7) For plots with meritorious service, the extent of leniency shall be determined by comprehensively considering the size, frequency, content, source, impact and severity of the crime.
(1) Generally, those who have made meritorious service can be given a reduced punishment of 20% of the base penalty;
(2) Those who have made significant contributions can be given a reduced penalty of 20-50% of the base penalty; crime If the circumstances are minor, the base sentence shall be reduced by more than 50% or exempted from punishment in accordance with the law.
(8) For the return of stolen goods and compensation, consider the nature of the crime, the extent to which the return of stolen goods and compensation can make up for the damage, the amount and initiative of returning stolen goods and compensation, etc. , the base sentence can be reduced by less than 30%; among them, crimes that seriously endanger social security such as robbery must be strictly controlled.
(9) For those who actively compensate the victim for economic losses and obtain understanding, taking into account the nature of the crime, the amount of compensation, the ability to compensate and the degree of confession and repentance, the base sentence may be reduced by 40% or less; for those who actively compensate the victim but fail to obtain understanding , the base sentence can be reduced to less than 30 yuan; although there is no compensation, if an understanding is reached, the base sentence can be reduced by less than 20 yuan; among them, crimes that seriously endanger social security such as robbery and rape must be strictly controlled.
(10) According to Article 277 of the Criminal Procedure Law, if the parties reach a criminal settlement agreement, comprehensive consideration of factors such as the nature of the crime, the amount of compensation, apology, sincere repentance and other factors, the basic penalty may be If the crime is minor, the base sentence may be reduced by more than 50% or the punishment may be exempted.
(11) For recidivists, the nature of the crimes committed before and after, the length of time between the execution of the penalty or pardon and the re-offending, and the severity of the crimes committed before and after comprehensive consideration shall be taken into consideration, and the base penalty shall be increased by 65,438,000. -40, generally not less than 3 months.
(12) For those with criminal records, the base penalty can be increased to less than 10, taking into account the nature of the criminal record, the length of the time interval, the frequency and the severity of the punishment. Previous crimes are except for criminal negligence and juvenile delinquency.
(13) If the target of the crime is minors, the elderly, the disabled, pregnant women and other vulnerable groups, taking into account the nature and severity of the crime, the base sentence can be increased by less than 20%.
(14) For crimes committed during major natural disasters, prevention and control of sudden infectious diseases, etc., the base penalty may be increased by no more than 20% based on the specific circumstances of the case.
Three. Minor and Serious Situations
Miser circumstances: refer to various situations in which a lighter punishment can be given within the specified punishment range according to the provisions of the criminal law. For example, if someone negligently causes death, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the negligent person voluntarily surrenders to the crime, actively rescues the victim and compensates for his losses, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than three years. The conduct of the negligent person after causing the fault is to mitigate the circumstances, and the voluntary cessation of the crime is also to mitigate the circumstances.
Aggravating circumstances: refer to various circumstances that provide for heavier punishment within the scope of the penalty according to the provisions of the criminal law. For example, if a negligent person causes death, he should take the initiative to surrender and take active rescue measures, but the negligent person escapes and the injured person dies. According to the provisions of the Criminal Law, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the negligent person runs away without rescuing the injured, this is an aggravating circumstance.
The above is a detailed introduction to the length of the sentence under Article 229 of the Criminal Law. To sum up, I would like to remind everyone that there are certain standards for sentencing in criminal law. Whether it is a lighter punishment or a heavier punishment, everyone can have a good understanding of these standards. If you have any legal questions, it is recommended to consult a professional lawyer.