htmlOn July 20, the person in charge of the Case Management Office of the Supreme People's Procuratorate introduced that since this year, the international environment has become more complex and severe, with domestic epidemics spreading frequently, adverse effects have increased significantly, and economic development has been extremely unusual. Faced with extremely complex and difficult situations, the procuratorate fully exerted its procuratorial functions in the first half of this year, actively created a law-based business environment, and took more diversified measures to protect private enterprises. In handling cases, the procuratorate insists on combining punishment according to law with equal protection, correctly grasps the criminal policy of combining leniency and severity, actively performs its duties in accordance with the law, and continuously improves the quality and efficiency of case handling; at the same time, in combination with the compliance work of enterprises involved in the case, it helps enterprises build an internal anti-corruption "firewall" and effectively prevent legal risks.
layered processing allows enterprises to "resurrect"
Z Company is a well-known tire company. Nearly 80% of agents participated in false claims, which constituted a crime. If all arrests and prosecutions are made, the company's sales network will be on the verge of collapse. How to punish crimes and minimize the impact of case handling on enterprises? The Changshu City Procuratorate of Jiangsu Province has accurately handled the problem by plots, regions and levels, and has answered this two problems well. Recently, the prosecutor visited and learned that the company had resumed normal operations, with a total output value of 2.54 billion yuan in 2021.
On July 6, 2017, Company Z received an anonymous report letter. The whistleblower claimed to be the company's agent and reported that employees of the company's technical service department charged the agent with kickbacks for compensation on the grounds that the product quality appraisal was not qualified. After investigation, a huge number of embezzlement cases were found.
It turns out that since July 2015, 14 employees including Tao and Zhou from the technical service department of Z Company have joined hands with 25 sales agents across the country to make false claims, forming a so-called "industry unspoken rule". They judged that the damaged tires without quality problems as complying with the company's "three guarantees" claims, and obtained the company's claims, and the two parties shared the profits, causing the company's losses of more than 24 million yuan.
The agents involved in the case are very "cooperating" because they have concerns: "We are worried that non-cooperation will affect normal claims, so we dare not refuse." In two years, they returned about 50% of the false claims to Tao and others, and the rest was given back to lower-level distributors to maintain customers and increase tire sales. After the incident of
, the Changshu City Procuratorate intervened in advance and found that the 25 agents involved in the case operated 80% of the sales network of Z Company nationwide, and most of the 32 criminal suspects involved in these 25 sales agents were the legal representative of the enterprise , the main shareholder or actual operator of the enterprise. If all the person in charge of the agents involved are arrested and prosecuted, Z Company's sales network will face "collapse" and the entire industry may be greatly affected. Company Z has repeatedly requested the judicial authorities to deal with them with ease.
"How to control the impact on the normal business activities of the enterprises involved in the case to the minimum extent while strictly handling the case in accordance with the law is the biggest test facing the handling of the case." Gu Wanyan, the prosecutor of the case, introduced that the Changshu Municipal Procuratorate held a case discussion meeting to brainstorm on issues such as how to properly grasp the policies and legal standards of handling cases, and reflect the judicial warmth in the criminal case as much as possible, and create conditions for the normal production and operation of the enterprises involved in the case.
Changshu City Procuratorate prudently applies compulsory measures. On the premise of ensuring that there is no collusion and the possibility of impacting the investigation, except for the two persons in charge who were in charge of the case who had a huge amount and had not yet been found out in all the criminal acts, the remaining 30 agents were not approved for arrest, or it may be recommended that the public security organs directly be bailed for ; and after the case is found out and the certainty is clear, it will actively conduct a review of the necessity of detention, and it is recommended that the public security organs change the compulsory measures of the above two persons in charge to be bailed for quitting.
review and prosecution stage, the Changshu Municipal Procuratorate will handle criminal suspects in different circumstances in a layered manner according to the criminal policy of combining leniency and severity.On the basis of promoting the agency head to make a full refund and partial refund of the employees of Z Company, and recovering a total of more than 16 million yuan in losses from the victim unit, combined with the circumstances of surrender, accomplices, refund and forgiveness, confession and acceptance of guilt, 20 agent heads including Lin, who had minor crimes, made relatively unprosecuted , and filed a public prosecution against the other 12 agent heads, and it was recommended to apply probation, prosecution was filed for 14 employees of Z Company, and it was recommended to sentence actual sentences, and the court adopted it. In May this year, the case was selected as a typical case of a crime of embezzlement in private enterprises released by the Supreme People's Procuratorate issued by the Supreme People's Procuratorate to handle the crime of embezzlement in private enterprises in accordance with the law.
"For economic crimes and other amounts, the amount involved is often an important criterion for judging relatively unprosecutions of "slight circumstances", but it cannot be "only amount". "Gu Wanyan said, "The case involves many companies. Although some people are involved in the case, the circumstances are relatively light from the perspective of the case based on the specific circumstances. If all prosecutions are sentenced to punishment, the crackdown will be too wide, which will have a significant impact on the normal business activities of the private enterprises involved, resulting in inconsistent crimes and punishments." During the handling of the case, the Changshu Municipal Procuratorate visited Company Z twice on the spot and learned that the company lacked effective punishment measures for the long-standing "industry unspoken rules" of claims, the claim settlement process is not transparent, and some employees have weak legal awareness. "While handling cases in accordance with the law, we must also gather procuratorial wisdom, help enterprises solve practical problems 'point-to-point', and be a good 'backer of the rule of law'." Ming Wenjian, the procurator general of Changshu City Procuratorate, said. To this end, the court issued a prosecutorial recommendation to Company Z, put forward suggestions on optimizing and publicizing claims standards and improving internal supervision systems, and conducted criminal risk and prevention education and training on agents across the country, which was fully recognized by Company Z. "The procuratorate has helped us improve management with professional wisdom and precise services." said the deputy general manager of Z Company.
On October 24, 2018, the victim unit held an agent meeting. The Changshu City Procuratorate of Jiangsu Province was invited to give a detailed explanation of the legal application issues and the application of criminal policies in this case, and gave a special lecture on "Risks and Prevention of Criminal Crimes in Private Enterprises".
Based on this case, the Changshu City Procuratorate also joined hands with the local economic and technological development zone to jointly build a Changshu City non-public enterprise legal risk prevention education base. Since its opening in December 2019, the base has received more than 6,000 people from 135 batches of non-public enterprises, providing customized legal publicity packages based on the characteristics and needs of the enterprise, helping to build and improve criminal risk prevention and control mechanisms and promote corporate compliance development.
Help private enterprises to purify the internal workplace ecological environment
Use personal QR code to receive customer consumption payments, arrange 8 people to appoint " to eat empty salary " in the company, and privately misappropriate the company's materials and equipment... Chang, who once served as the operation manager of two national beverage chain companies in North China, used his position to embezzle the company's property by more than a year. After the Xicheng District Procuratorate of Beijing was prosecuted, Chang was sentenced to fixed-term imprisonment of for the crime of embezzlement and ten months.
Chang embezzled the company's property by false reporting, false compensation, and "public expenses and private collection", which is a typical "ant moving"-style job embezzlement. In May this year, the case was selected as a typical case of a crime of embezzlement in private enterprises released by the Supreme People's Procuratorate issued by the Supreme People's Procuratorate to handle the crime of embezzlement in private enterprises in accordance with the law.
In September 2020, an anonymous letter of reporting pointed the finger at Chang, who was in charge of the personnel and property management power of more than 60 stores in Beijing. The company was very shocked by the content of the report letter and chose to report the case after visiting and understanding. After
was arrested, Chang confessed that his personal expenses were very large. In order to increase his income, in May 2019, he suddenly thought that he could use the method of replacing the in-store payment QR code to seek personal gain, so he contacted the store manager whom he could trust to implement the plan.
Chang said that he contacted the store managers of three stores, and these store managers would arrange for employees to ask customers to scan the code to pay for the consumption money to Chang's personal account after 10 o'clock on the grounds that the store settlement system was malfunctioning. Although he knew that this was a violation, Chang was their superior, and the store managers did not dare to disobey him.
After investigation, it was found that in the three stores arranged by Chang, his personal QR code will be used to collect consumption payments almost every day. There are an average of 20 to 30 orders a day, with an average amount ranging from about 1,000 yuan.
However, the intercepting of the company's turnover did not satisfy Chang. He was in charge of personnel management and found that there were loopholes in the company's attendance system: when part-time employees were clocking in at work, no one was there to supervise. Chang then found friends and relatives around him, used their identity information to handle part-time procedures in the store under his jurisdiction, and then arranged for the store manager and formal employees who actually worked to help these people check in at the attendance and earn part-time wages through attendance and hours of accounting. After the company paid the salary, Chang asked them to transfer the salary to himself. From August 2019 to the incident, Chang had successively completed the entry procedures for eight part-time employees who "do not exist" and instructed others to check in on their behalf, falsely reporting and mistaking salary totaling more than 210,000 yuan.
In August 2020, Chang's brother-in-law opened a beverage store with him. At that time, a store managed by Chang happened to be removed from the store, so Chang moved the beverage equipment of the store to a relative's beverage store for use by reporting damage to the company. Chang also arranged for the store manager to send two employees to "work", and Xiao Zhao was one of them.
"I was arranged to go to work there, but the salary was still paid by the original company." Xiao Zhao said that Chang also instructed him to get raw materials and formulas from the original store many times.
Chang's various behaviors stipulated by the company have caused a very bad impact on the employee team. Luo Qiang, the prosecutor in charge of the case, introduced that during the case, they found that several regional managers under Chang also had the behavior of "eating empty salary" as a result.
reporter learned that beverage chain stores belong to the fast-moving consumer goods industry, with the characteristics of small single consumption amount, high consumption frequency, and wide consumer groups. Therefore, the number of single transactions in the account involved in the case is small, the data volume is large, and the source of transfer income is large, which also leads to the determination of the amount of crime becoming a difficult point in the review and prosecution process of the case. Gao Yun, one of the members of the case handling team, introduced that the court guided the investigative agency to determine the judicial accounting audit principle that distinguishes the time, frequency and amount of collection from tens of thousands of transfers. It also selected thousands of records suspected of being associated with the embezzlement with the risk control and technical departments of the victims. At the same time, it jointly established a big data model of the high and low peaks of the operating income of the stores involved in the case in Beijing, and used digital stratification thinking to formulate electronic data screening standards, and finally determined the amount of crime in this case.
"In the process of handling the case, we adhere to the criminal policy of combining leniency and severity, and will carry out the recovery of stolen assets and damages throughout the entire process of criminal proceedings." Luo Qiang, the prosecutor in charge of the case, introduced that after careful logical argumentation and explanation of the law, the suspect finally voluntarily pleaded guilty and accepted punishment, and actively contacted his family to return the compensation. "In addition, for other regional managers who illegally make profits through "eating empty salary" but the amount has not yet met the criminal enrollment standards, we also guided the investigative agency to contact the person involved to refund the compensation."
On May 29, 2021, the Xicheng District Procuratorate filed a public prosecution in accordance with the law on Chang's suspected embezzlement of office. On June 8 of the same year, the court made a guilty verdict on him.
In response to the phenomenon that some enterprise managers use their position to carry out criminal activities of "private use of public funds and private transfer of public property" in production and operation activities, the Xicheng District Procuratorate issued targeted prosecutorial recommendations in addition to handling cases in accordance with the law, and proposed rectification plans to strengthen employee warning education, attendance and material supervision, cashier operation specifications and store reserve payment use.
The case handling team of the Second Procuratorate of Xicheng District, Beijing City visited the rectification situation of the implementation of the procuratorial recommendations by enterprises.
Luo Qiang told reporters that the purpose of issuing prosecutorial recommendations is not only to help enterprises purify the internal workplace ecological environment, but more importantly to promote the industry to explore and establish a healthy and orderly management model.The two fast-moving consumer goods companies that Chang once worked for conscientiously implemented the measures after receiving the prosecutorial recommendations, and adopted measures such as building a national store sales peak data warning system and an abnormal equipment data response system. They also carried out case warning education and employee legal education simultaneously.
found "borerworms" for the company's e-commerce transformation
"We have applied for a brand store on the e-commerce platform and expanded the live broadcast channels. The company is transforming towards e-commerce! Although the transformation is a little late, it has eliminated the 'borerworms' and regulated the system, and we feel more at ease!" On June 27, facing the prosecutor of the Yuecheng District Procuratorate of Shaoxing City, Zhejiang Province who came to visit, the head of a home furnishing company in Zhejiang said. The "borer" mentioned by the person in charge is Lei, the former e-commerce operation specialist of the company. Previously, while he was responsible for the company's e-commerce transformation, he targeted the company's financial management loopholes and took public funds for his own position. Is this behavior misappropriated funds or embezzled his post? The prosecutor stripped the electronic data, used evidence to restore the truth, and accurately determined the case. After that, after the procuratorate filed a public prosecution, the court sentenced Lei to one year in prison for embezzlement. In May this year, the case was selected as a typical case of a crime of embezzlement in private enterprises released by the Supreme People's Procuratorate issued by the Supreme People's Procuratorate to handle the crime of embezzlement in private enterprises in accordance with the law.
In December 2019, Lei joined a home furnishing company in Zhejiang, mainly responsible for the graphic design of the product.
With the accelerated development of the e-commerce industry, the company wants to transform and upgrade. At this time, Lei took the initiative to say that he had experience in the e-commerce industry and had friends he knew on the e-commerce platform, which could help the company's transformation. In this way, the heavy responsibility of online brand operation fell on Lei. After
, the company invested a lot of money in applying for brand stores on e-commerce platforms, purchasing live broadcast equipment, and promoting online brands. Lei also asked a certain e-commerce platform for "public relations", but the company's transformation has not made any progress.
In July 2020, when the company audited its internal accounts, Lei repeatedly applied for backup funds and public relations fees in the name of online brand operations, but has not handed over the remaining money. The company repeatedly urged her, but Lei ignored her and eventually lost contact, so the company had to call the police.
case was transferred to Yuecheng District Procuratorate for review and prosecution. Faced with the interrogation, Lei argued that the company did not stipulate the time limit for repaying the reserve fund, and he only temporarily used part of the public funds. When he was more affordable, he would immediately return the money to the company.
Is this really true? If it is determined to be misappropriation of funds, Lei may be acquitted based on the facts and circumstances of the case. With doubts, the prosecutor immediately started an investigation and found that the company did have a "blank area" in the management of reserve funds. Lei graduated from a graduate student and had a registered company under his name, which may have certain repayment capabilities. In addition, the evidence in the case cannot prove that Lei intentionally illegally possesses public funds. From this point of view, Lei's defense seems to be reasonable.
In order to further ascertain the facts, the prosecutor decided to "solve the problem" from Lei and guide the public security organs to supplement fixed evidence from subjective purposes, whereabouts of misappropriation of money, and Lei's personal economic situation. It was finally found out that Lei had used a false receipt to reimburse the company. His claim that "you can help the company's public relations" was also fabricated out of thin air. The company under Lei's name has been shut down for many years and has owed foreign debts, and he has squandered all the embezzled public funds.
At the same time, the prosecutor also discovered the missing criminal facts. According to Lei, he applied for a promotion fee to "sweep gifts" and "buy traffic" for the company's live broadcast room. Traditional goods and service transactions include invoices and documents to check, but virtual items such as "scan gifts" and "buy traffic" on e-commerce platforms are not tangible. How to confirm the authenticity of Lei’s confession? After understanding the operation method of purchasing virtual items on the live broadcast platform, the prosecutor quickly launched the self-supported investigation procedure, seized the key electronic data evidence of "payment record", extracted the payment record of Lei's mobile phone, and confirmed that Lei had no relevant purchase record, which was a false confession.
The fog was cleared away, and a complete chain of evidence consolidated Lei's subjective intention to illegally possess public funds.It was found that from December 2019 to March 2020, Lei used his position to fabricate reasons to use the money to "sweep gifts" for the company's live broadcast room and find friends who work on e-commerce platforms to public relations, and apply for reserve funds and public relations fees from the company, totaling more than 180,000 yuan, etc., and take it for himself, and use it for personal squandering.
On December 14, 2020, the Yuecheng District Procuratorate filed a public prosecution against Lei for suspected embezzlement. On December 25 of the same year, the court sentenced Lei to one year in prison.
Punishment of internal corruption in private enterprises cannot be stopped by case handling. In response to the company's financial and personnel management loopholes exposed by the case, the court issued a prosecutorial recommendation to the company, suggesting that the company further improve its financial management system, standardize administrative personnel management, improve its awareness of compliance operations, and prevent the risks of internal criminal crimes in the company from the source.
At the same time, on the "unwritten rules" that breed corruption such as "stay doors" and "running public relations" on the e-commerce platforms, the court also put forward opinions on e-commerce platforms, urging the platform to improve the internal integrity management mechanism and create a more fair legal environment for the healthy development of e-commerce companies and industries.
"The company has compared the prosecutorial recommendations, improved the financial management regulations, and clarified the use process of the reserve fund. We must accelerate the transformation and development of e-commerce, but through this case, we believe that the premise of corporate development is legal and compliant." The person in charge of the company involved told the prosecutor. ( Procuratorial Daily Lu Zhijian Concise Fan Yuehong Ge Hang Chen Ya Li Hao Chen Yuanyuan Yuan Weiying)
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