What is the impact of the legality of the entity on the determination of the entity in the case of u

There are five types of entities committing crimes by units, namely: companies, enterprises, public institutions, organs, and groups. Article 30 of the Criminal Law stipulates that if a public or public entity, enterprise, public institution, organ or organization commits an act that endangers society, and the law stipulates that the unit shall bear criminal responsibility.

Legal basis: Article 30 of the Criminal Law: Where a company, enterprise, public institution, organ, or group commits an act of endangering the society and the law provides that the unit commits a crime, it shall bear criminal responsibility.

There is no consensus in the criminal law circles, and the representative ones are negative and affirmative. The negative argument argues that, in accordance with the provisions of the new Criminal Code on joint crimes, the above view lacks a clear basis for the general provisions of the criminal law. This is because it is difficult to interpret the "person" of "two or more persons" as provided for in Article 25, Paragraph 1 of the General Provisions of the Criminal Law to include both natural persons and the subject of an entity.

The unit itself has no consciousness and behavior, and there can be no common criminal intent and criminal conduct between the unit and the unit, or between the unit and the natural person. In addition, no matter how broadly the Criminal Law interprets the "person" in the provisions of joint crimes, it is difficult to interpret it as a unit, because a unit and a legal person are two different concepts. Therefore, "more than two persons" can only be interpreted as two or more natural persons.

Accordingly, crimes committed by several units in concert should and can only be punished in accordance with the provisions of the relevant criminal law according to the circumstances of the crime committed by each unit, and there is no need to distinguish between the principal offender, the accessory, the coerced accessory, and the instigator for punishment, as is the case with the joint crime of a natural person. In addition, there is also no basis for the punishment of criminal acts committed by units and natural persons as joint crimes. It is affirmative that the joint crime in China's criminal law refers to the joint crime committed by two or more people, and the "person" here can be understood as a natural person and a unit, so that the view of joint crime by a unit can find a corresponding basis for the general provisions of the criminal law in the new criminal law.

Since "persons" include not only natural persons but also units, joint intentional crimes in which units participate should be found to be joint crimes, thus affirming that units can be the subject of joint crimes. At the moment, it is definitely said to be mainstream. A joint crime refers to a joint intentional crime committed by two or more persons.

The people here, including natural persons, also include units. "Entities committing crimes by units" refers to units that are provided for in the Criminal Law and that carry out the constituent elements of a crime that are expressly provided for by the specific provisions of the Criminal Law, and that have the capacity for criminal responsibility. The possible circumstances in which a unit crime is a joint crime are:

1) Two or more units commit a joint crime;

2) A joint crime committed by a unit and a natural person. However, the unit and the persons directly responsible for the crime committed by a unit cannot constitute a joint crime. Through the reading of the article, I believe that you must have your own opinions on the provisions and related knowledge of the entity of the unit crime, a crime, which subjects constitute the crime, this is very important for the relevant identification, which subjects can constitute a unit crime, this is introduced in detail in the article, if there are any questions, welcome to consult.

The main body of unit crimes includes companies, enterprises, public institutions, organs, and groups. 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. The unit that is the subject of a unit crime is generally an independent entity.

For example, a state organ or an enterprise commits a crime because it has committed a crime. So, can the subordinate body of the unit become the subject of the unit's crime? The so-called subsidiary organs of the unit here include the branches and internal organs of the unit.

We believe that the branch of an enterprise legal person is an independent unit, and there is no doubt that it has become the subject of a crime committed by a unit. However, it is still possible to study whether the internal organs of the unit can become the main body of the unit's crimes. Under normal circumstances, the internal organs of the unit do not carry out activities independently, but in the name of the unit, and therefore their actions should be regarded as acts of the unit to which they belong.

However, in the current social life, the internal organs of the unit also have independent external activities, and in this case, if they are not regarded as the main body of the unit's crime, it is inappropriate to regard it as a crime committed by the unit to which they belong or as an individual crime. In this case, I advocate that the internal organs of the unit can become the subject of the unit's crime. In this regard, the Minutes of the National Symposium on the Trial of Financial Crime Cases by Courts on January 21, 2001 clearly stipulates:

Where a crime is committed in the name of a unit's branch or internal body or department, and the unlawful gains are primarily owned by the branch or internal body or department, it shall be found to be a unit crime. "According to this provision, if a person commits a crime in the name of a branch, internal institution, or department of a unit, but the illegal gains are owned by an individual, it shall be punished as an individual crime.

Legal basis: Article 30 of the Criminal Law stipulates that if a company, enterprise, institution, organ or group commits an act that endangers society, and the law stipulates that it is a crime committed by a unit, Yingyun Bank 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.

There are five types of entities committing crimes by units, namely: companies, enterprises, public institutions, organs, and groups. Where a company, enterprise, public institution, machine, 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.

The Minutes of the Working Conference of the Supreme People's Court on the Trial of Financial Crime Cases by Courts Nationwide mentions that "if a crime is committed in the name of a unit and the illegal proceeds belong to the unit, it is a crime committed by the unit." From this, we can conclude that a crime committed by a company is a crime committed in the name of a company by a company, enterprise, public institution, agency, or group under the will of the unit, seeking illegal benefits for the unit.

Legal basis: 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 criminal responsibility.

Legal basis: Article 30 of the Criminal Law of the People's Republic of China Clears up the conduct that endangers society committed by a company, enterprise, public institution, organ, or organization, and the law stipulates that a unit shall bear criminal responsibility for committing the crime of pickpocketing.