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Anonymous users2024-02-11The criminal law has the following fixed standards for the conviction of the crime of material misrepresentation in the issuance of supporting documents:
1. Where an individual commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined;
2. If the unit commits this crime, the unit shall be fined, and the person in charge and other persons directly responsible shall be punished in accordance with the above provisions.
Legal basis
Article 229 of the Criminal Law.
Where personnel of intermediary organizations undertaking duties such as asset assessment, capital verification, verification, accounting, auditing, or legal services intentionally provide false supporting documents, and the circumstances are serious, they are to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine.
Where the persons provided for in the preceding paragraph solicit other people's property or illegally accept other people's property, and commit the crimes in the preceding paragraph, they are to be sentenced to between 5 and 10 years imprisonment and a concurrent fine.
Where the persons provided for in the first paragraph are seriously irresponsible, and the supporting documents issued are seriously untrue, causing serious consequences, they are to be sentenced to up to three years imprisonment or short-term detention and/or a fine.
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 directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each article of this Section.
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Anonymous users2024-02-10Legal analysis: Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention and/or a fine. If the unit commits this crime, it shall be fined
The directly responsible managers and other directly responsible personnel are to be punished in accordance with the above provisions. Legal basis: Article 229 of the Criminal Law of the People's Republic of China: Personnel of intermediary organizations undertaking duties such as asset assessment, capital verification, verification, accounting, auditing, legal services, sponsorship, safety assessment, environmental impact assessment, and environmental monitoring who intentionally provide false supporting documents, and the circumstances are serious, are to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine; In any of the following circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given:
1) Providing false asset appraisal, accounting, auditing, legal services, sponsorship and other supporting documents related to the issuance, and the circumstances are particularly serious; (2) Providing false asset appraisal, accounting, auditing, and other supporting documents related to major transactions of surplus assets, where the circumstances are particularly serious; (3) Providing false safety assessments, environmental impact assessments, and other supporting documents in major projects or projects involving public safety, causing particularly heavy losses to public property and the interests of the state and the people. Where there is conduct in the preceding paragraph, and at the same time soliciting other people's property or illegally accepting other people's property constitutes a crime, follow the provisions for the heavier punishment at trial and sentencing. Where the persons provided for in the first paragraph are seriously irresponsible, and the supporting documents issued are seriously untrue, causing serious consequences, they are to be sentenced to up to three years imprisonment or short-term detention, and/or a fine.
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Anonymous users2024-02-09Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention and/or a fine.
If the unit commits this crime, it shall be fined: The person in charge who is directly responsible for it and the person in charge who is directly responsible for it shall be punished in accordance with the above provisions.
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