1. Senior management personnel of the company, including actual controllers and deputy general managers. 2. transactional staff, generally including financial personnel, logistics personnel and personnel responsible for raising the value of the collection? Expert? 3. Managers, directors and salesmen who perform specific operations or arrange operations. Then, in such cases, what kind of criminal responsibility should the relevant actors bear? From a defensive point of view, what are the defensive strategies? The author combines his recent practical experience in handling antique fraud cases to talk about his own views.
The accurate characterization of the related behaviors involved is the crime of contract fraud, not the crime of fraud. The crime of contract fraud and fraud are a kind of concurrence, which accords with the criminal constitution of fraud. If a contract is used, the crime of contract fraud is established. There are two main ways to judge whether an act constitutes fraud or contract fraud:
First, it mainly depends on whether the deceived person is entangled in the contract or cheating outside the contract. If it is the former, it is suspected of contract fraud, while the latter is suspected of fraud. Second, whether the contract involved is a cover-up or a major modus operandi. If the former is suspected of fraud, if the latter is suspected of contract fraud. Here? Antique fraud? In the model, although the company's high-pressure decoration, employees' words and fictional successful auction cases can make the deceived people have certain cognitive errors, this is not the key. What is the main reason why the victim was cheated? Cooperate with a regular auction company? 、? Fully qualified? A high-priced acquisition? And other contract terms. In addition, the actor tricked the customer into signing the contract through these terms and charged the inspection fee, appraisal fee and other related service fees, and then terminated the contract on the grounds that the inspection report said that the collection was unqualified, reflecting that the traveler set a trap in the contract. The contract involved is not a cover-up, but the main modus operandi. So? Antique fraud? On the whole, it is suspected of contract fraud, and the relevant actors do not constitute fraud.
Is it established according to a specific case? Unit crime? ? What is this? Unit crime? ? ? Unit crime? Crime with a natural person is a different concept, is it recognized? Unit crime? First of all, it depends on the charge. According to the provisions of the criminal law and related judicial interpretations, not all charges are established? Unit crime? Fraud is one of them, but the crime of contract fraud is different. The subject of crime includes natural persons and units.
Secondly, it depends on two aspects: whether it is implemented in the name of the company and whether the benefits belong to the company. Why should it be established? Unit crime? As a defensive direction? Two reasons:
1. The sentencing amount standard of unit crime of contract fraud is obviously higher than that of natural person crime. If it is identified as unit crime, it will get a lighter sentencing. The judicial interpretation clearly stipulates that the standard for filing and prosecuting contract fraud is 20,000 yuan, but it is not clear that the amount is huge? (corresponding to 3- 10 years in prison), the amount is particularly huge? In practice, the standard (corresponding to 10- life imprisonment) is generally based on the documents issued by provincial courts, but according to the spirit of the documents of relevant provinces, the standard of contract fraud committed by units is generally mastered according to several times the standard of individual crime amount. 2. Can the crime of establishing a unit of contract fraud involve people? Non-primary responsible personnel? Criminal responsibility should be excluded. The unit crime shall be investigated for the responsibility of the directly responsible person in charge and other directly responsible personnel. Those who do not belong to these two categories of personnel do not belong to the object of criminal responsibility. ? Antique fraud? Why is it established? Unit crime? ? As mentioned earlier? Antique fraud? Established? Unit crime? The premise must be to get rid of the accusation of fraud, and then review whether it meets the requirements according to the specific circumstances of the case. External implementation in the name of the company, the benefits belong to the company? These two conditions.
Try to identify the accomplice as mentioned above. Antique fraud? According to the different division of labor, gangs usually have three types of people. In practice, in addition to the top management of the company on the first floor, the people involved in the case on the second and third floors may get the accessory plot. However, due to the different circumstances of cases, specific cases need specific analysis, and the two main factors are:
1. The position and responsibility of the suspect in the company and the role he played in the same crime; 2. Time to participate in the crime of * * *. The most direct effect of trying to identify an accomplice is to reduce or mitigate the punishment. Specifically, in the case of contract fraud, the ideal situation is to achieve? No prosecution or exemption from criminal punishment? .
As for the amount, the senior staff of the defense company generally need to be responsible for the amount involved in the whole case, which is not controversial in practice. However, how directors, managers, ordinary salesmen and other people involved in the case determine the amount involved should be comprehensively considered according to various factors. For example, before becoming a director, the director only needs to be responsible for his own performance as a salesman, and then he needs to be responsible for the performance of others in the department. For example, if there are multiple sales departments, the directors and managers involved are not responsible for the performance of other departments in parallel. In addition, we will also focus on reviewing bank transfer records, company account books and other specific documentary evidence that can reflect the amount involved, so as to avoid over-calculation or miscalculation. ?
In addition to the above four defense strategies about qualitative sentencing, antique fraud? Is the case still needed? Return stolen goods and compensation? And then what? Get the victim's understanding? The main reason is that contract fraud cases belong to economic crimes, and positive economic relief can have a greater impact on lighter punishment. Is the above handled by lawyer Huang Jiabo in combination with himself? Antique fraud? The opinion articles written with the practical experience of cases hope to play a certain role in the defense of such cases.