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Non-woven state-owned enterprises forged 12 official seals and did not commit crimes?

by:Sunshine     2020-04-09
A state-owned enterprise in Hunan province collectively forged its official seal. After investigation by the local public security organ, it was found to be a unit Act and did not constitute the crime of forging the seal of the state organ. It was decided not to file a case, causing controversy in order to achieve the purpose of paying less social security funds for employees, a state-owned enterprise affiliated to a central enterprise in Yiyang city, Hunan province, forged 12 fake official seals and two personal seals of relevant units such as Yiyang Municipal Labor and Social Security Bureau, falsified files for some employees and handled 'early retirement '. After five months of investigation, the local public security organ decided not to file a case. Collective decision to forge official seal is not a crime 'unit collective research forging government department seal can not pursue legal responsibility? After more than five months of investigation, Chaoyang branch of Yiyang public security bureau of Hunan province made a decision not to file a case, which immediately caused controversy from all walks of life. May 18, 2011 rule of law weekend to the state-owned enterprises bootleg 12 false Chapter 300 workers was 'in advance retirement' 'for the reported the, Hunan nuclear non-woven limited the company (Former Qiyi Minmetals) Forged 12 fake official seals and two personal seals of relevant units such as Yiyang Municipal Labor and Social Security Bureau. After the publication of the report, it has aroused widespread concern from all walks of life. Since then, Chaoyang branch of Yiyang public security bureau has conducted a five-month investigation into the forgery of unit seals. On August 15, 2011, Chaoyang branch of Yiyang Public Security Bureau issued a notice of not filing a case to the accuser. The reason for not filing the case is: 'After examination, it is considered that the act of forging seals is a unit Act, does not meet the main requirements of the crime of forging seals of state organs, and does not constitute the crime of forging seals of state organs. The accuser refused to accept the application and applied for reconsideration to the Chaoyang branch of Yiyang public security bureau. On August 26, 2011, Chaoyang branch of Yiyang Public Security Bureau issued a 'decision not to file a case for reconsideration' to the applicant, deciding to maintain the decision not to file a case. Earlier, the relevant person in charge of the Chaoyang branch of the Yiyang public security bureau said in an interview with the rule of law Weekend reporter: 'Our public security organs found that the act of forging the official seal was decided by the collective research of the unit, however, because there is no unit Crime in forging the seal of state organs, the public security organs are really not responsible. 'The person in charge said frankly that this is a new type of case and the public security organs are facing legal obstacles in the investigation. The person in charge also told reporters that after the initial investigation, the bureau reported the case to the Yiyang Municipal Public Security Bureau. After discussion, the Yiyang Municipal Public Security Bureau confirmed it. The unit interest is not a reason for the unit to collectively study whether the forgery of the seal constitutes a crime? 'Crime for the benefit of the unit is theoretically a matter of criminal motivation. It is a factor to consider when evaluating subjective malignancy, but it is not a legal reason to hinder criminal responsibility. 'Ma Changsheng, honorary president of Hunan Criminal Law Research Association, distinguished law professor and doctoral supervisor of Changsha University of Technology, talked to reporters about his views. Ma Changsheng explained that the unit has implemented the act that the criminal law does not stipulate that the unit crime endangers the society, and of course the unit cannot be convicted and sentenced, however, the person in charge of the unit planning and committing the crime and other directly responsible personnel shall still be investigated for criminal responsibility according to law. In a reply dated August 9, 2002, the Supreme People's Procuratorate pointed out that if the circumstances are serious, the criminal responsibility of the person directly responsible for theft shall be investigated in accordance with the provisions of Article 264th of the criminal law. 'The spirit of approval of the Supreme People's Procuratorate is completely in line with the theory of criminal composition of criminal law, and it is also in line with the basic principles of criminal law in China. 'Ma Changsheng said. 'As for the case of a company in Yiyang privately carving 12 seals, it may be suspected of forging official documents, seals, and fraud of state organs (Fraud resettlement compensation, pension insurance) The judicial authorities still need to conduct a comprehensive analysis of the case. 'Ma Changsheng said. According to the reporter's understanding, recently, the accuser submitted an application for filing supervision to the Heshan District Procuratorate of Yiyang city and the Yiyang City Procuratorate, asking the procuratorial organ to supervise the decision of the public security organ not to file a case, yiyang City Procuratorate staff said they would give a reply after the study. According to the reporter's understanding, the original Qiyi Minmetals has been renamed Yiyang 715 community after the restructuring. After the original Qiyi Minmetals collective research and forgery of seals was exposed by this newspaper, yiyang 715 community has issued a 'treatment method' to retired employees, requiring employees whose files have been tampered with to write a 'Error Correction Application' to the unit, and then return all the retired wages that have been received, you can pay your own pension insurance before you can check and correct the file. 'It is the unit that falsifies the official seal and falsifies the file. Why do we want our employees to write the error correction application now? 'On 2009, Chen Hong, who had just turned 42, was' retired early 'by the unit '. She was deeply angry with the practice of 'writing application for error correction': Does the employee not correct the fake file without writing the application unit? It is understood that after the original Qiyi Minmetals fraud incident was exposed, no unit has conducted a comprehensive verification of the authenticity of all the retired cadres and workers' files of the unit. How many employees' files have been faked is still a mystery. People familiar with the matter disclosed to reporters that although this fraud incident has attracted much attention from all walks of life, it has not affected the transfer and promotion of the relevant leaders of the former Qiyi Minmetals. Former mine manager Guo Minghua and Party Secretary Wang Chunchu transferred to a unit in Changsha system, while former discipline inspection commission secretary Peng Weixing served as Yiyang 715 community director. 'After the media reports, I was deeply shocked by this kind of fraud. We have already disciplined the relevant personnel. 'The relevant person in charge of the Hunan mining and metallurgy Bureau of the nuclear industry of the former Qiyi Minmetals Bureau said in an interview with the rule of law Weekend reporter. (Legal Weekend)
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