Criminal liability of legal persons in the practice of corporate crimes

The burden of proof of the guilt of the defendant in a public prosecution case shall be borne by the people's procuratorate. In a prosecuted criminal case, the general rule for the allocation of the burden of proof is that the prosecution bears the burden of proof, and the defendant does not bear the burden of proof. At trial, the prosecution must provide the court with sufficient evidence to prove the facts of the crime as charged, and the evidence must meet the legal standards.

In a private prosecution case, the burden of proof of the defendant's guilt is borne by the private prosecutor, which is the embodiment of the principle that whoever asserts the case bears the burden of proof. Article 51 02 of the Criminal Procedure Law of the People's Republic of China The people's procuratorate bears the burden of proof that the defendant is guilty in a public prosecution case, and the burden of proof that the defendant is guilty in a private prosecution case is borne by the private prosecutor.

Legal analysis: According to the relevant laws and regulations of our country, if a unit commits a crime, the unit shall be fined, and the person in charge and other persons directly responsible shall be sentenced to criminal punishment. Where the specific provisions of the Criminal Law and the laws have other provisions, follow those provisions.

Legal basis: "Criminal Law of the People's Republic of China" Article 31: Where a unit commits a crime, the unit is to be sentenced to a fine, and the directly responsible supervisor and other directly responsible personnel are to be sentenced to criminal punishment. Where the sub-provisions of this Law and other laws provide otherwise, follow those provisions.

The original legal representative of an enterprise crime does not necessarily have to be liable, and if a legal person is liable, it should be determined by the specific crime committed by the unit. If the original legal representative has violated the criminal law, etc., the responsibility shall be borne by the original legal representative, otherwise the responsibility of the original legal representative shall not be pursued under normal circumstances. Where a company, enterprise, public institution, organ, or group commits conduct that endangers society, and the law provides that it is a crime committed by a unit, it shall bear criminal responsibility.

1. Will the high-level employees in the casino be sentenced?

Whether or not you will be sentenced for working in a casino depends on the role played by the parties in the gambling case, and if you are the principal offender or accessory, you need to bear criminal responsibility. In accordance with the provisions of the Criminal Law, where a company, enterprise, public institution, organ, or group commits conduct that endangers society, and the law provides that it is a crime committed by a unit, it shall bear criminal responsibility. Where a unit commits a crime, the unit is to be fined, and the directly responsible manager, the Douchen Bureau, and other directly responsible personnel are to be sentenced to criminal punishment.

Where the sub-provisions of this Law and other laws provide otherwise, follow those provisions.

2. How to punish crimes committed by units.

The Criminal Law stipulates that if a company, enterprise, public institution, organ, or group commits an act that endangers society, and the law stipulates that it is a crime committed by a unit, it shall bear criminal responsibility. Where a unit commits a crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to criminal punishment. Where the sub-provisions of this Law and other laws provide otherwise, follow those provisions.

III. How the Criminal Law punishes crimes committed by units.

The Criminal Law stipulates the following penalties for crimes committed by units: if a unit commits a crime, the unit shall be fined and the person in charge and other persons directly responsible shall be sentenced to criminal penalties. Where a company, enterprise, public institution, organ, or group commits conduct that endangers society, and the law provides that it is a crime committed by a unit, it shall bear criminal responsibility.

Article 30 of the Criminal Law of the People's Republic of China: Where a company, enterprise, public institution, organ, or group commits an act that endangers society, and the law provides that it is a crime committed by a unit, it shall bear criminal responsibility.

Article 31: Where a unit commits a crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to criminal punishment. Where the sub-provisions of this Law and other laws provide otherwise, follow those provisions.