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1. Where a natural person commits this crime, he shall be sentenced to up to three years imprisonment or short-term detention and/or a fine.
2. If a unit commits this crime, the unit shall be fined, and the person in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with the above provisions.
The crime of collusive bidding refers to the behavior of bidders colluding with each other in bidding, harming the interests of the tenderer or other bidders, or the bidder and the tenderer colluding in bidding to damage the legitimate rights and interests of the state, the collective, and citizens, and the circumstances are serious.
2. What behaviors are collusive bidding?
The bidder's collusive bidding behavior with the tenderer is mainly manifested in:
1) The tenderer deliberately leaks the bottom of the bid. That is, the tenderer intends to disclose its bid base behavior to a specific bidder;
2) the tenderer's private bid leakage, that is, the tenderer before the public bid opening, privately open the bidder's bid, and notify the bidder who has not yet submitted the bid;
3) The tenderer deliberately leads someone to win the bid. That is, when the tenderer asks the bidder to clarify the facts on its bid, it deliberately makes leading questions to facilitate the bidder to win the bid;
4) the bidding to implement differential treatment, that is, the bidding in the review, selection of bids, the same tender to implement differential treatment, or different bidders to implement differential treatment;
5) The tenderer deliberately let the unqualified bidder win the bid. That is, the tenderer allows bidders who do not meet the bidding qualifications to participate in the bidding and let them win the bid;
6) The bidder bribes to obtain secrets, that is, the bidder obtains the bidder ** or other bidding conditions from the tenderer before the public opening of the bid through bribery;
7) the bidder to the tenderer off-bid compensation, that is, the bidder intends to agree with the tenderer to lower the bid price in the public bidding, and then give the tenderer additional compensation after winning the bid;
8) The tenderer will give the bidder an off-bid compensation. That is, the tenderer and a bidder agree that when bidding publicly, the bid price is deliberately raised to make the bid price higher than the usual price, and other bidders will be deceived. **After the bid is awarded, the tenderer will give a certain amount of compensation to the bidder who deliberately raises the bid price as agreed.
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Regarding the issue of the standard of fines for the crime of collusive bidding, according to Article 223 of the Criminal Law: bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.
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The maximum period of criminal detention for any crime shall not exceed thirty-seven days! If the arrest is not authorized, the coercive measures must be changed!
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The offence of bid-rigging is generally punishable by up to three years in prison, criminal detention or a fine. According to the relevant laws and regulations, the bidder and the bidder, or the bidder and the tenderer collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.
1. What is the penalty standard for the crime of bidding?
The penalty standard for the crime of collusion in bidding is as follows: if the crime is constituted and the circumstances are serious, the sentence shall be up to three years imprisonment or short-term detention and/or a fine. The crime objectively shows that the bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, or the bidder and the tenderer collude in bidding, harming the legitimate interests of the state, the collective, and the citizens.
2. Punishment and sentencing for bid-rigging and collusion.
The crime of collusive bidding refers to the act of colluding with bidders and bidders, or between tenderers and bidders, to damage the legitimate rights and interests of tenderers, other bidders, the state and the collective, and the circumstances are serious. If illegal means such as threats and deception are used to damage the legitimate interests of the tenderer, the bidder, the state and the collective, resulting in a direct economic loss of more than 500,000 yuan; or where they still collude in bidding after receiving two punishments, and the circumstances are serious, they are to be sentenced to up to three years imprisonment or short-term detention and/or a fine.
3. How to sentence the crime of collusion in bidding.
The crime of collusion is generally punishable by up to three years in prison or criminal detention. The crime of collusive bidding refers to the behavior of bidders colluding with each other in bidding, harming the interests of other tenderers or other bidders, or colluding with bidders in bidding, thereby harming the legitimate rights and interests of the state, collectives and citizens, and the circumstances are serious. The subject of this crime is a special subject, which can only be bidders and tenderers, including individuals and units.
Article 223 of the Criminal Law of the People's Republic of China bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine. If the bidder and the tenderer collude in bidding, harming the legitimate interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.
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The crime of bid-rigging shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine. The subject of the crime of collusion in bidding is a special subject, and only bidders, tenderers, including individuals and units can constitute this crime.
[Legal basis].
Article 223 of the Criminal Law.
Bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.
If the bidder and the tenderer collude in bidding, harming the interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 231.
Where a unit commits the crimes provided for in Articles 221 to 230 of this Section, the unit shall be fined, and the person in charge and other persons directly responsible for the slag shall be punished in accordance with the provisions of each article of this Section.