Which of the following is considered a unit crime? What are not unit crimes, and what are not unit c

Article 30 of the Penal Code provides:"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. "According to this provision, unit crime refers to acts that endanger society that are carried out by companies, enterprises, public institutions, organs, or organizations for which they shall bear criminal responsibility in accordance with the law.

It has the following basic characteristics:

1.The subjects of unit crimes include companies, enterprises, public institutions, organs, and groups.

2.The crime committed by the unit must be committed by members of the unit under the will of the unit.

3.Crimes committed by units must be clearly defined by the sub-provisions of the Criminal Code.

Therefore, only 2 are unit crimes, that is, the crime of offering bribes by units as stipulated in Article 393 of the Criminal Law:"Where a unit offers bribes for the purpose of seeking improper benefits, or violates state regulations by giving kickbacks or handling fees to state employees, and the circumstances are serious, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to fixed-term imprisonment of not more than five years or short-term detention. Where unlawful gains obtained through bribery are owned by individuals, they are to be convicted and punished in accordance with the provisions of articles 389 and 390 of this Law.

1 is the crime of tax evasion, which can be committed by units or individuals, but self-employed individuals are not enterprises. 3 and 4 are the crimes of offering bribes and being deceived by dereliction of duty in signing or performing a contract, respectively, which are committed by individuals only.

Unit Crime Unit crime refers to conduct that endangers society that is carried out by companies, enterprises, public institutions, organs, or groups for which criminal responsibility shall be borne in accordance with law.

1. What is not a unit crime?

Circumstances that are not found to be a unit crime are:

1. Where companies, enterprises, or public institutions established by individuals to carry out illegal or criminal activities carry out smuggling crimes, they are not to be punished as unit crimes;

2. Where a company, enterprise, or public institution has the commission of a crime as its main activity after its establishment, it is not to be punished as a unit crime. Whether a unit has committed a crime as its main activity should be determined based on factors such as the frequency, frequency, and duration of the unit's smuggling acts, and the unit's lawful business operations;

3. Where the name of a unit is embezzled to commit a crime, and the unlawful gains are privately divided by the individual who committed the crime, it is to be convicted and punished in accordance with the provisions of the Criminal Law on crimes committed by natural persons.

Unit crime is conduct that endangers society that is carried out by a company, enterprise, public institution, organ, or group seeking illegal benefits for that unit, and is carried out through the unit's collective research and decision, or by the decision of the relevant responsible personnel. Where a company, enterprise, or public institution has the commission of a crime as its main activity after it is established, it is not to be punished as a unit crime.

II. Determination of the defendant for the unit's crime.

Since the double punishment system is generally implemented for crimes committed by units, that is, at the same time as the property penalty is imposed on the unit, the relevant responsible personnel are also punished with personal punishment, so in practice, the common practice is to divide the defendants in the cases of crimes committed by units into legal person defendants and natural person defendants. A legal person defendant may have several natural person defendants at the same time, such as a legal representative, relevant manager, or directly responsible person, who are co-defendants in a unit crime case.

Where a unit participates in litigation as a criminal defendant, its legal representative participates in the criminal proceedings, and the duties of the legal representative include both the exercise of substantive rights on behalf of the unit and the exercise of procedural rights on behalf of the unit, and the activities carried out by the legal representative in the name of the unit are regarded as acts of the unit. The legally-designated representative has the right to exercise the right to defend on behalf of the unit, to apply for recusal, to apply to the chief judge to question witnesses or evaluators, or to directly ask questions and make final statements with the permission of the chief judge, as well as appeals and appeals. At the same time, the litigation obligations of the unit defendant should also be performed.

The results of his litigation activities on behalf of the legal person shall be borne by the legal person.

However, when the legal representative is also the directly responsible person in a unit crime case and is pursued for criminal responsibility, he has a dual identity, which violates the rules of defense, so the author advocates that the defendant in the unit crime case should only list the legal person unit as the defendant, and that the legal representative or other directly responsible personnel should be subordinate to the unit defendant to participate in the litigation activities of the unit crime, so as to balance the criminal procedure of the unit crime.

The criminal law unit crimes are: 1. The single penalty system for unit crimes, the crime of major labor safety accidents; the crime of major safety accidents in engineering, etc.; 2. The double punishment system for unit crimes, such as financing terrorist activities, illegal manufacturing, trading, transportation, mailing, and storage of firearms, ammunition, and goods, false declaration of registered capital, false capital contribution, credit card fraud, and valuable fraud.

Article 30 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 responsibility for the criminal offense. Article 31: Where a crime is committed by simply guessing a position, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be given criminal punishments. Where the sub-provisions of this Law and other laws provide otherwise, follow those provisions.

Answers]: a, c, d

This question examines the relationship between crimes committed by units and crimes committed by natural persons. a, the difference between a crime committed by a unit and a crime committed by a natural person is only that the subject of the crime as provided for in the Criminal Law is different, and for other elements, it is exactly the same. Therefore, item A is correct.

Item b, the Standing Committee of the National People's Congress "Interpretation of Article 30 (of the Criminal Law of the People's Republic of China)" stipulates: "Where a company, enterprise, public institution, organ, group or other unit commits an act that endangers society as provided for in the Criminal Law, and the specific provisions of the Criminal Law and other laws do not provide for the criminal responsibility of the unit, the person who organized, planned, and carried out the act of endangering society shall be investigated for criminal responsibility in accordance with law." Therefore, item B is wrong.

(c) The Ninth Amendment to the Criminal Law amends Article 313 of the Criminal Law, and the addition of units may also constitute the crime of refusing to enforce a judgment or ruling. Therefore, the c-item is correct.

Item d, according to the provisions of the "Reply on the Issue of How to Prosecute a Suspected Criminal Unit Whose Business License Is Revocation, Cancellation, Revocation or Declaration of Bankruptcy", if a unit is suspected of committing a crime, if its business license is revoked, revoked, cancelled or declared bankrupt, only the person in charge who is directly responsible and other persons directly responsible for the criminal responsibility will be investigated, and the unit will not be prosecuted. Therefore, item D is correct.