Criteria for filing the crime of malicious unpaid wages

The law only stipulates the crime of malicious arrears of wages, not the crime of malicious arrears of wages, so it is impossible to file a case with the crime of malicious arrears of wages. On the other hand, we can also collect relevant evidence to prove that enterprises have malicious wage arrears, and file a case for prosecution with the crime of malicious wage arrears.

The crime of malicious arrears of wages refers to the behavior of evading payment of labor remuneration by transferring or hiding, or failing to pay labor remuneration with the ability to pay, with a large amount. Malicious arrears of wages should be investigated: 1, and the payment of labor remuneration should be evaded by transferring property or hiding. , or can pay without paying labor remuneration; 2. Large quantity; 3, the relevant government departments ordered to pay is still not paid. However, if there are more than minor injuries in the process of malicious salary, you can file a case for intentional injury according to the injury identification.

Legal basis: Article 110 of the Criminal Procedure Law of People's Republic of China (PRC). Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.

Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.

Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.

Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.