Job Recruitment Website - Ranking of immigration countries - What crimes are corporate executives prone to commit?

What crimes are corporate executives prone to commit?

People always have an idea that it is everyone's dream to climb higher and higher in the workplace and become a corporate executive, but corporate executives are more likely to violate criminal law. What crimes are corporate executives prone to commit? Next, I will summarize the relevant legal knowledge for you and analyze it for your reference, hoping to help you.

1, crime of duty embezzlement.

Article 27 1 of the Criminal Law 1. Personnel of companies, enterprises or other units who take advantage of their positions and illegally take the property of their own units for themselves shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

2. Crime of corruption

Article 382 of the Criminal Law: A state functionary who embezzles, steals, swindles or illegally occupies public property by other means by taking advantage of his position is guilty of corruption.

Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption.

Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.

3. Crime of misappropriating funds

Article 272 of the Criminal Law (1). Staff of companies, enterprises or other units, taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others. Those who fail to pay back a large amount for more than three months, or those who engage in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

4. Crime of misappropriating public funds

Paragraph 2 of Article 272 of the Criminal Law: Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of the Criminal Law.

Article 384 of the Criminal Law: Any state functionary who, by taking advantage of his position, misappropriates public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.

5. Non-state staff accepting bribes

Article 163 of the Criminal Law: A staff member of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

Employees of companies, enterprises or other units who take advantage of their positions in economic exchanges and accept kickbacks and service fees in various names in violation of state regulations, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.

6. Crime of bribing non-state staff

Article 164 of the Criminal Law stipulates that for the purpose of seeking illegitimate interests, those who give property to employees of companies or enterprises, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the amount is huge, 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.

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. If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.

7. Crime of illegally profiting for relatives and friends

Article 166 of the Criminal Law: A staff member of a state-owned company, enterprise or institution who, by taking advantage of his position, has suffered heavy losses to the national interests under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) entrusting the profitable business of the unit to relatives and friends; (two) to purchase goods from the units managed by their relatives and friends at a price significantly higher than the market, or to sell goods to the units managed by their relatives and friends at a price significantly lower than the market; (3) purchasing unqualified goods from units managed by their relatives and friends.

8. Crime of being cheated for dereliction of duty in signing and performing contracts

Article 167 of the Criminal Law: If the directly responsible person in charge of a state-owned company, enterprise or institution is defrauded due to serious irresponsibility in the process of signing and performing a contract, thus causing heavy losses to the national interests, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

9. Crime of fraudulently issuing stocks and bonds

Article 160 of the Criminal Law conceals important facts or fabricates major false contents in the prospectus, subscription book and corporate bond raising methods, and issues stocks or corporate bonds with huge amount, serious consequences or other serious circumstances, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 1% but not more than 5% of the amount illegally raised.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

10, crime of providing false accounting reports

Article 16 1 of the Criminal Law, if a company or enterprise that is legally obligated to disclose information provides false financial and accounting reports to shareholders and the public or conceals important facts, or fails to disclose other important information that should be disclosed according to law, which seriously damages the interests of shareholders or others, or if there are other serious circumstances, the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined 20,000 yuan.

1 1, crime of obstructing liquidation

Article 162 of the Criminal Law: If a company or enterprise conceals its assets during liquidation, falsely records its balance sheet or list of assets, or distributes it before paying off its debts, which seriously damages the interests of creditors or others, the person in charge who is directly responsible and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan.

12. Crime of concealing or intentionally destroying accounting vouchers, accounting books and financial accounting reports.

Article 162- 1 of the Criminal Law conceals or intentionally destroys accounting vouchers, accounting books and financial accounting reports that should be kept according to law. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than 20,000 yuan but not more than 200,000 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.

13, crime of false bankruptcy

Article162bis of the Criminal Law: If a company or enterprise conceals property or fictitious debts or transfers or disposes of its property in other ways, which seriously damages the interests of creditors or others, the person in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan.

14, crimes of dereliction of duty committed by state-owned companies, enterprises and institutions.

Article 168 of the Criminal Law: Any employee of a state-owned company or enterprise who is seriously irresponsible or abuses his power, resulting in bankruptcy or serious losses of the state-owned company or enterprise and heavy losses of the national interests, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Staff members of state-owned institutions who commit the acts mentioned in the preceding paragraph, thus causing heavy losses to national interests, shall be punished in accordance with the provisions of the preceding paragraph.

Staff members of state-owned companies, enterprises and institutions who commit the crimes mentioned in the preceding two paragraphs for selfish ends shall be given a heavier punishment in accordance with the provisions of the first paragraph.

15, crime of abuse of power by personnel of state-owned companies, enterprises and institutions.

Article 68 of the Criminal Law: Any employee of a state-owned company or enterprise who is seriously irresponsible or abuses his power, resulting in bankruptcy or serious losses of the state-owned company or enterprise, thus causing heavy losses to the national interests, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

16, committing irregularities for personal gain and selling state-owned assets at low prices.

Article 169 of the Criminal Law: The person in charge of a state-owned company, enterprise or its superior competent department, who, engaging in malpractices for selfish ends, converts state-owned assets into shares at a low price or sells them at a low price, thus causing heavy losses to the national interests, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

17, breach of trust damages the interests of listed companies.

Article 169 of the Criminal Law stipulates that: directors, supervisors and senior managers of listed companies violate their loyal obligations to the company and use their positions to manipulate the company to engage in one of the following acts, thus causing heavy losses to the interests of listed companies, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes particularly heavy losses to the interests of listed companies shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) Providing funds, commodities, services or other assets to other units or individuals free of charge; (2) Providing or accepting funds, commodities, services or other assets on obviously unfair terms; (3) Providing funds, commodities, services or other assets to units or individuals that are obviously insolvent; (four) to provide guarantees for units or individuals that are obviously insolvent, or to provide guarantees for other units or individuals without justifiable reasons; (5) Abandoning creditor's rights and assuming debts without justifiable reasons; (6) harming the interests of listed companies in other ways.

If the controlling shareholder or actual controller of a listed company instructs the directors, supervisors and senior managers of the listed company to commit the acts mentioned in the preceding paragraph, they shall be punished in accordance with the provisions of the preceding paragraph.

If the controlling shareholder or actual controller of a listed company that commits the crime mentioned in the preceding paragraph is a unit, the unit 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 first paragraph.

18, crime of falsely reporting registered capital

Article 158 of the Criminal Law applies for company registration, uses false documents or other fraudulent means to falsely report the registered capital, and deceives the company registration authority to obtain company registration, and if the consequences are serious or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or only, be fined not less than 1% but not more than 5%. According to the latest legislative interpretation, this article is only applicable to companies that implement the paid-in registration system of registered capital according to law. )

19, crime of making false capital contribution and withdrawing capital contribution.

Article 159 of the Criminal Law: If the promoters and shareholders of a company violate the provisions of the Company Law, fail to deliver money, goods or transfer property rights, make false capital contributions, or withdraw their capital contributions after the establishment of the company, and the amount is huge, with serious consequences or other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely make false capital contributions of not less than 2% 10%.

20. Crime of illegally operating similar businesses

Article 165 of the Criminal Law: Directors and managers of state-owned companies or enterprises who take advantage of their positions to run businesses similar to those of their companies or enterprises for themselves or others and obtain illegal benefits, if the amount is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.