The crimes committed by units in criminal law include: single punishment system for unit crimes, major labor safety accidents; Crime of major engineering safety accidents, etc.; The double punishment system for unit crime, the crime of financing terrorist activities, the crime of illegally manufacturing, buying and selling, transporting, posting and storing guns, ammunition and explosives, the crime of falsely reporting registered capital, the crime of falsely making capital contributions to evade capital contributions, the crime of credit card fraud, the crime of securities fraud, etc.
what crimes can constitute a unit crime? For example, crimes of endangering national security, endangering 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:
1. Crimes against national security
The subject of the crime of financing criminal activities that endanger national security: domestic and foreign institutions, organizations or individuals.
2. 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 a 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, the design unit, the construction unit and the project supervision unit.
III. Crime of disrupting 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 substandard medical equipment; 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. Crime of smuggling (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 capital contribution and evasion of capital contribution 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 lending at high interest in the crime of disrupting the financial management order; Crime of illegally absorbing public funds for storing dust; Crime of forging or altering financial tickets; The subject of the crime of forging or altering state securities is the 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 and lending money 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. In the eight crimes of financial fraud, except for the crime of loan fraud, the crime of credit card fraud and the crime of securities fraud, the unit can become the main body. The unit's loan fraud should be recognized as the crime of contract fraud.
6. Most of the crimes that endanger tax collection and management (tax evasion; Escaping the crime of recovering tax arrears; Crime of defrauding export tax rebate; Crime of falsely issuing special invoices for value-added tax, 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 for defrauding export tax rebates and tax deduction; The subjects of the crime of illegally selling invoices are general subjects, including both natural persons and units.
7. Crime of infringing intellectual property rights (crime of counterfeiting registered trademarks; Crime of selling counterfeit registered trademarks; The crime of illegally manufacturing and selling illegally manufactured registered trademarks and the crime of counterfeiting patents; Crime of infringing copyright; Crime of selling infringing copies; The subjects of the crime of infringing trade secrets are general subjects, including both natural persons and units.
8. The subject of the crime of disrupting market order includes both natural persons and units. (The general subjects are: crimes 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 tickets and boat tickets; Crime of illegally transferring or reselling land use rights; The special subject is guilty of false advertising; Crime of colluding in bidding; Crime of providing false documents; Crime of issuing documents that are grossly untrue. )
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 employing child labor is the general subject, which includes both natural persons and units.
V. Crime of disturbing social management order
1. 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, supplying blood, making 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 is a unit and personnel engaged in the production, transportation, management and use of narcotic drugs and psychotropic drugs controlled by the state according to law.
VI. Crime of Corruption and Bribery
The subject of the crime of privately distributing confiscated property is a special subject, that is, judicial organs and administrative law enforcement organs with the power of confiscation. The subject of unit bribery crime is a special subject, including state organs, state-owned companies, enterprises, institutions and people's organizations. The main body of the crime of bribing a unit is a natural person and a unit. The subject of unit bribery crime is the general subject, which is companies, enterprises, institutions, organs and organizations.
what are the differences between unit crime and individual crime?
1. Whether it is for the benefit of the unit or not is decided by the decision-making body of the unit. The decision-making body of a unit generates the will of the unit and directs the implementation of the unit's behavior. The behavior implemented by any unit member in accordance with the decision of the decision-making body in the unit's business activities shall be regarded as the unit's behavior.
2. Is it in the name of the company? It is one of the important factors to identify a unit crime that an act is committed in the name of a unit, but not all crimes committed in the name of a unit are unit crimes.
3. Whether the behavior is within the scope of the job activities of the members of the company or related to the business activities of the company. Units are only responsible for their actions within the scope of business or business-related activities.
Legal basis:
Article 3 of the Criminal Law of the People's Republic of China
If a company, enterprise, institution, organ or group commits an act that endangers society, it shall bear criminal responsibility according to the law.
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.