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It is illegal to fraudulently use another person's official seal. If the perpetrator's conduct constitutes the crime of fraud, the sentence shall be based on the amount of the fraud, and if it constitutes the crime of forging the seal of a company, enterprise, public institution or people's organization, he will generally be sentenced to fixed-term imprisonment of not more than three years, short-term detention or deprivation of political rights.
Legal analysisThe official seal of the enterprise needs to be filed by the public security organ before it can be used, and the official seal of the enterprise is generally used when signing the contract, so the custody measures of the official seal are very important. Since it can be seen that it is illegal to fraudulently use other people's official seals, it is also illegal to privately engrave official seals. The crime of privately carving the official seal refers to an illegal act in which an individual or other organization privately engraves the official seal of another enterprise.
The official seal itself is a sign of the legal representative of a unit, enterprise, institution group and school. In order to prevent some lawless persons from carving official seals on their own, carrying out fraud everywhere, undermining the state's public security management activities, and infringing on the legitimate interests of units, enterprises, groups and schools, the state will include the lettering industry into the special industry, which is under the control of the public security organs to implement public security management. For the lettering units and individual employees who violate the regulations of the state, depending on the nature of the problem and the severity of the circumstances, they will be punished by public security administration or investigated for their corresponding criminal responsibility.
Legal basisArticle 280 of the Criminal Law of the People's Republic of China: Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever forges the seal of a company, enterprise, public institution, or people's organization is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine. Whoever forges, alters, or buys or sells resident identity cards, passports, social security cards, driver's licenses, or other documents that may be used to prove identity in accordance with law, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Article 280-1: Where forged, altered, or stolen other people's resident identity cards, passports, social security cards, driver's licenses, or other documents that can be used to prove identity in accordance with law are used in activities where proof of identity shall be provided in accordance with state provisions, and the circumstances are serious, short-term detention or controlled release is to be given, and/or a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. Article 280-2 Whoever steals or fraudulently uses the identity of another person to substitute for the higher education admission qualifications, civil servant employment qualifications, or job placement benefits obtained by others, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine.
Where others are organized or instructed to carry out the conduct in the preceding paragraph, a heavier punishment is to be given in accordance with the provisions of the preceding paragraph. Where state employees commit the conduct in the preceding two paragraphs, and another crime is constituted, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.
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Article 280 of the Criminal Law: Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights; where the circumstances are serious, the sentence is between three and ten years imprisonment.
Whoever forges the seal of a company, enterprise, public institution, or people's organization shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights.
1. It depends on whether Company A and Company B are related, and it is possible that the shareholders of Company A and Company B are the same person.
2. If Company A fraudulently uses the official seal of Company B, and the circumstances are serious, it may constitute the crime of forging the company's seal.
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