What crimes can constitute a unit crime? For example, crimes against national security, public security, disrupting the order of socialist market economy, infringing citizens' personal rights and democratic rights, infringing property, disrupting social management order, endangering national defense interests, corruption and bribery, and dereliction of duty. Unit crimes, including unit bribery and endangering national security. The unit must be a legal person established according to law, with independent property and full criminal responsibility.
The crimes that a unit can constitute are listed as follows:
I. Crime of endangering national security
The subject of the crime of financing criminal activities endangering national security: domestic and foreign institutions, organizations or individuals.
Second, the crime of endangering public security.
1. The subject of the crime of financing terrorist activities is the general subject, including both natural persons and units.
2. The subject of the crime of illegally manufacturing, trading, transporting, mailing and storing guns, ammunition and explosives is the general subject, including both natural persons and units.
3. The subject of the crime of illegally manufacturing, trading, transporting and storing dangerous substances is the general subject, including both natural persons and units.
4. The subject of the crime of major engineering safety accidents is a special subject, namely the construction unit, design unit, construction unit and project supervision unit.
Third, the crime of undermining the order of the socialist market economy.
1, crime of producing and selling fake and inferior commodities (crime of producing and selling fake and inferior products; Crime of producing and selling counterfeit drugs; Crime of producing and selling inferior drugs; Crime of producing and selling food that does not meet hygiene standards; Production and sale of toxic and harmful food; Crime of producing and selling unqualified medical devices; Crime of producing and selling products that do not meet safety standards; The subject of the crime of producing and selling fake and inferior pesticides, veterinary drugs, chemical fertilizers and seeds is the general subject, including both natural persons and units.
2. The crime of smuggling (the crime of smuggling weapons and ammunition; Crime of smuggling counterfeit money; Crime of smuggling cultural relics; Crime of smuggling precious metals; The subject of the crime of smuggling ordinary goods and drugs is the general subject, including both natural persons and units.
3. The subject of some crimes in the crime of disturbing the management order of companies and enterprises can be units (the subject of the crime of falsely reporting registered capital is a special subject, that is, the applicant for company registration, including natural persons and units; The crime of false investment and evasion of investment is a special subject, that is, the promoters and shareholders of the company, including natural persons and units; The subject of the crime of bribing company and enterprise personnel is the general subject (including natural persons and units)
4. The crime of usury in the crime of disturbing the order of financial management; Crime of illegally absorbing public deposits; Crime of forging or altering financial tickets; The subject of the crime of forging or altering state securities is a general subject, including both natural persons and units. Crime of illegally issuing loans to related parties; Crime of illegally issuing loans; Crime of illegally borrowing funds from off-balance-sheet customers; Crime of illegally issuing financial tickets; The subject of the crime of accepting, paying and guaranteeing illegal bills is a special subject, that is, the staff of banks or other financial institutions, and the unit can also be the subject of this crime. The subject of the crime of evading foreign exchange is a special subject, which can only be a unit, that is, a state-owned company, enterprise or other state-owned unit. Crime of fraudulently purchasing foreign exchange; The subject of money laundering crime is the general subject, including both natural persons and units.
5. Among the eight charges of financial fraud, all units can become the main body except loan fraud, credit card fraud and securities fraud. Unit loan fraud should be recognized as contract fraud.
6. Most crimes endangering tax collection and management (tax evasion; Escaping the crime of recovering tax arrears; Crime of defrauding export tax rebate; Crime of falsely issuing special VAT invoices, defrauding export tax rebates and deducting tax invoices; Crime of forging and selling forged special invoices for value-added tax; Crime of illegally selling special invoices for value-added tax; Crime of illegally purchasing special invoices for value-added tax and crime of purchasing forged special invoices for value-added tax; The crime of illegally manufacturing and selling illegally manufactured invoices for defrauding export tax rebates and tax deduction; Crime of illegally manufacturing and selling illegally manufactured invoices; Crime of illegally selling invoices to defraud export tax rebate and tax deduction; The subject of the crime of illegally selling invoices is the general subject, including both natural persons and units.
7. Crime of infringing intellectual property rights (crime of counterfeiting registered trademarks; Crime of selling goods with counterfeit registered trademarks; The crime of illegally manufacturing and selling illegally manufactured registered trademark marks and the crime of counterfeiting patents; Crime of infringing copyright; Crime of selling infringing copies; The subject of the crime of infringing business secrets is the general subject, including both natural persons and units.
8. The subject of the crime of disrupting market order includes both natural persons and units. (The general subject is: the crime of damaging business reputation and commodity reputation; Crime of contract fraud; Crime of illegal business operation; Crime of forced trading; Crime of forging or reselling forged valuable tickets; Crime of reselling ship tickets and ship tickets; Crime of illegally transferring or reselling land use rights; Special subject commits the crime of false advertising; Crime of colluding in bidding; Crime of providing false documents; Crime of issuing seriously inaccurate documents. )
Fourth, the crime of infringing citizens' personal rights and democratic rights.
The subject of the crime of forcing employees to work is a special subject, that is, the employer; The subject of the crime of using child labor is the general subject, including both natural persons and units.
Verb (abbreviation of verb) disturbs social management order.
1, the crime of reselling cultural relics; Crime of major environmental pollution accidents; Crime of illegal fishing of aquatic products; Crime of illegally hunting and killing precious and endangered animals; Crime of illegal hunting; Crime of illegally occupying agricultural land; Crime of illegal felling of trees; Crime of deforestation; Crime of illegally purchasing illegally cut and wantonly cut trees; Crimes of smuggling, trafficking, transporting and manufacturing drugs; Crime of making, copying, publishing, selling and disseminating obscene articles for profit; Crime of spreading obscene articles; The subject of the crime of organizing the broadcasting of obscene audio-visual products is the general subject, including natural persons and units.
2. The subject of the crime of collecting and supplying blood, manufacturing and supplying blood products is a special subject, and it can only be a unit qualified to engage in the production and business activities of blood products. The subject of the crime of illegally providing narcotic drugs and psychotropic drugs is a special subject, which refers to the units and personnel engaged in the production, transportation, management and use of narcotic drugs and psychotropic drugs controlled by the state according to law.
Crime of corruption and bribery with intransitive verbs
The subject of the crime of privately dividing and confiscating property is a special subject, that is, judicial organs and administrative law enforcement organs with confiscation power. The subject of unit bribery crime is a special subject, including state organs, state-owned companies, enterprises, institutions and people's organizations. The subject of unit bribery crime is natural person and unit. The subject of unit bribery crime is the general subject, that is, companies, enterprises, institutions, organs and organizations.
What's the difference between unit crime and individual crime?
1, whether it is the benefit of the unit, whether it is decided by the decision-making body of the unit. The decision-making body of the unit generates the will of the unit and directs the implementation of the unit's behavior. Any behavior carried out by any unit member in accordance with the decision of the decision-making body in the business activities of the unit is regarded as unit behavior.
2, whether in the name of the unit. The act committed in the name of a unit is one of the important factors in determining the unit crime, but not all crimes committed in the name of a unit are unit crimes.
3, whether the behavior belongs to the scope of job activities of members of this unit, or related to the business activities of this unit. Units are only responsible for acts within their business scope or business-related activities.
Legal basis:
Criminal law of the people's Republic of China
Thirtieth companies, enterprises, institutions, organs, organizations, acts that endanger society, the law stipulates that the unit commits a crime, it shall bear criminal responsibility.
Article 31 If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished.