Using fishery professional cooperatives to defraud national financial project funds of about 600,000, how to deal with cooperatives and members

The "Guiding Opinions on Standardizing the Handling of Cases of Stealing National Special Funds" clarifies three situations that apply to the crime of fraudulently defrauding users of special funds:

First, fraudulent use of national special funds If the user of the funds does not meet the basic conditions of the national special fund policy, seriously commits fraud during the declaration process, fabricates non-existent enterprises or projects, forges key declaration materials, and meets the requirements for the crime of fraud, the user shall be charged with the crime of fraud. Conviction and punishment.

The second is to defraud users of national special funds whose declared projects comply with the basic conditions of national special fund policies. However, during the declaration process, they exaggerated the actual situation, forged or provided individual non-critical false declaration materials, and defrauded the users. If part of the national special funds withdrawn is used by the enterprise to make up for losses, or is used to change production, update equipment, or produce and operate, the user is generally not suitable to be convicted and punished for fraud.

Third, users who obtain state special funds bribe state agency staff or forge official documents and seals of state agencies during the application process. If the circumstances are serious, the user shall be charged with bribery and forgery of state agency documents respectively. Conviction and punishment for the crime of sealing official documents of government agencies.

The "Opinions" clarified that the applicable circumstances for the crimes against relevant state agency staff in cases of defrauding special funds are: in the process of defrauding state special funds, state agency staff with direct review responsibilities shall be responsible for the crime. The main role is to actively instigate, participate in, and help fund users to commit fraud, and to privately distribute the obtained national special funds and illegally take them for themselves. Regardless of whether the fund user has committed a crime, the relevant state agencies will be prosecuted for the crime of corruption. Personnel criminal liability; State agency staff members who are direct users of funds and meet the requirements for the crime of corruption shall be convicted and punished as corruption crimes; users who defraud state special funds are suspected of crimes such as fraud, and state agency staff members shall review the fund users before When providing materials, those who knowingly or should know that the conditions are fictitious but still condone and help, or fail to perform their duties seriously, are seriously irresponsible, and fail to examine the relevant materials to find out that the relevant materials are false and thereby defrauding the state's special funds, shall be charged with the crime of abuse of power. , the crime of dereliction of duty shall be investigated for criminal liability of relevant state agency staff; those who commit the above acts and accept bribes, constituting the crime of accepting bribes, shall be punished for several crimes.

If a farmer's professional cooperative commits the crime of defrauding special state funds, those who are aware of and participate in criminal activities should be punished. Most of the members of the cooperative will not commit a crime.