If the employee doesn't know and doesn't participate at all, he doesn't need to bear legal responsibility. The unit was identified as illegal fund-raising. If the illegal income belongs to a unit, it belongs to a unit crime. In addition to the unit, the person in charge of the unit and the responsible person should also be investigated for criminal responsibility. If a crime is committed in the name of a unit, the proceeds of the crime belong to the individual who committed the crime, which is a personal crime.
Four characteristics of illegal fund-raising:
1, without the approval of relevant authorities.
Fund-raising without the approval of relevant departments according to law, including fund-raising without approval authority; The cross-provincial illegal fund-raising department with the power of examination and approval ultra vires to examine and approve fund-raising, that is, the fund-raiser does not have the qualification of fund-raising subject.
2. Promise to repay the principal and interest to investors within a certain period of time.
Commitment to give investors a return on investment in the form of money, kind and equity within a certain period of time. Some absorb funds by providing seedlings and other forms, and promise to buy or underwrite products to pay returns; Others absorb funds in the form of commodity sales and give returns in the form of promised leaseback, repurchase and transfer.
3. Raise funds from unspecified social objects.
Such as public and non-public issuance of stocks and bonds without approval. The "unspecified object" here refers to the public, not a specific minority, but it should also be noted that if it is limited to relatives and friends, or limited to the fund-raising within the scope of the unit, it is generally not illegal.
4. Cover up the essence of illegal fund-raising in a legal form.
In order to cover up their illegal purposes, criminals often sign contracts with investors (victims) and pretend to be normal production and business activities in order to maximize their ultimate goal of defrauding funds.
As employees of enterprises, especially grass-roots employees of enterprises, they are not necessarily particularly clear about many business secrets and core businesses of enterprises. The criminal responsibility of illegal fund-raising in the unit cannot directly require employees to bear joint criminal responsibility. However, everything must be investigated by the judicial department. As long as employees ensure that they have not participated from beginning to end, they do not need to worry about their innocence.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 176 of the Criminal Law of People's Republic of China (PRC) illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.