Beijing anti-smoking salesman sentencing case

Legal analysis: Chen illegally absorbed public deposits | (2019) Shanghai 0106 Chujian No. 144 | 17810000 | Accessory, surrender, refund | One year and six months in prison, suspended for two years.

If the amount involved is relatively large, it is likely that the judicial authorities will pursue criminal liability. However, it can be seen from the above cases that even if the amount absorbed by ordinary business personnel reaches tens of millions, they still have the opportunity to obtain a suspended sentence if they are accomplices, surrender themselves, and return compensation.

Therefore, in the early stage of the case, we should actively cooperate with the public security economic investigation, choose the appropriate surrender method, prepare interrogation transcripts, and refund compensation in a timely manner, and strive to identify the accomplice, surrender, and refund as minor at the public security and procuratorate stages. Once the case reaches the court stage, identifying these circumstances becomes many times more difficult.

Legal basis: Article 176 of the "Criminal Law of the People's Republic of China" Whoever illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts financial order shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A fine shall be imposed alone; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Those who commit the acts in the first two paragraphs and proactively return stolen goods before filing a public prosecution to reduce the damage will be given a lighter or reduced punishment.