1, bidders collude with each other.
The operators participating in the bidding communicate with each other on the bidding quotation through oral or written agreements to avoid mutual competition, or agree to win the bid in turn in similar projects, which will harm the interests of the tenderee or other bidders. Bidders collude with each other to bid mainly in the following forms:
(1) The bidders mutually agree to raise the bid price;
(2) Bidders agree with each other to reduce the bid price;
(3) It is agreed between bidders that in similar projects, the bidders will win the bid at high price or low price in turn.
2. Bidders collude with bidders in bidding.
Collusion between bidders refers to private transactions between bidders and specific bidders by improper means, which makes public bidding a mere formality and harms the interests of the state, the collective and citizens (including other bidders). Collusion between bidders and bidders is mainly manifested in:
(1) The tenderer intentionally leaked the pre-tender estimate. That is, the tenderer intends to disclose its pre-tender price behavior to a specific bidder;
(2) Secret bid opening, that is, before the public bid opening, the tenderer opens the bidder's tender privately and notifies the bidders who have not submitted the tender;
(three) the tenderer intentionally guides and urges others to win the bid. That is, when the tenderer asks the bidder to clarify the facts about his bid, he deliberately asks leading questions to help the bidder win the bid;
(4) Treat tenders differently, that is, treat the same tender differently or treat different bidders differently when evaluating and selecting tenders;
(5) The tenderer intentionally lets unqualified bidders win the bid. That is, the tenderer allows bidders who do not meet the bidding qualifications to participate in the bidding and let them win the bid;
(6) bribing the bidder to obtain secrets, that is, the bidder obtains the bidder's quotation or other bidding conditions from the tenderer by bribing before the public bid opening;
(7) The bidder gives extra compensation to the tenderer, that is, the bidder intends to negotiate with the tenderer to reduce the bid price in the open tender, and then gives extra compensation to the tenderer after winning the bid;
(8) The tenderer pays extra compensation to the bidder. That is, the tenderer and a bidder agreed to deliberately raise the bid price in public bidding, making the bid price higher than the usual price, and other bidders were cheated. After the high-priced bid is confirmed, the tenderer will pay some compensation to the bidder who deliberately raises the bid price as agreed.
Second, how to correctly identify the crime of collusive bidding
1, the composition of the crime of colluding in bidding
(1) object element
The complex object infringed by this crime not only infringes on the legitimate rights and interests of other bidders or countries and collectives, but also infringes on the order of free trade and fair competition in the socialist market economy.
(2) objective factors
This crime is objectively manifested as collusive bidding, and the circumstances are serious. The so-called serious circumstances mainly refer to collusion in bidding and despicable means; Repeatedly implementing collusive bidding; Causing serious economic losses to the tenderer or other bidders; Causing bad influence or even international influence; Wait a minute.
(3) Main elements
As far as the tenderer is concerned, the subject of this crime is a special subject, and as far as the bidder is concerned, it is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. The unit can also be the subject of this crime.
(4) Subjective factors
Subjectively, this crime must be intentional, that is, knowing that collusion in bidding will harm the interests of the tenderer or other bidders, but still determined to do so, hoping or letting this harmful consequence happen. Negligence cannot constitute this crime.
2. The boundary between this crime and non-crime.
The boundary between the crime of collusive bidding and the illegal act of collusive bidding depends on whether the circumstances of the act are serious or not. If the circumstances are serious, it constitutes a crime, otherwise it will not be regarded as a crime, and the Supreme Court should make a judicial interpretation of what is serious. When determining whether the circumstances are serious, we should comprehensively consider the factors such as whether the criminal means are bad, persistent, behavioral results and social impact, and make a comprehensive judgment.
3. Identification of the implicated behavior of this crime and the crime of accepting bribes.
When the perpetrator commits the crime of colluding in bidding, he may often be implicated in crimes such as bribery and infringement of commercial secrets, such as the bidder bribing the tenderer to induce him to disclose the pre-tender price, or the tenderer accepting bribes and revealing the pre-tender price and other commercial secrets. It can be seen that based on the characteristics of this kind of crime, it is often possible to involve crime. For this kind of implicated offender, because there is no special provision in the law, it should be dealt with according to law, and a felony sentence is appropriate.
Through the above introduction, I believe everyone has a further understanding of "what behaviors belong to collusive bidding" and "how to correctly identify the crime of collusive bidding". According to Article 223 of the Criminal Law, whoever commits the crime of colluding in bidding shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. Article 231 stipulates that if a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions. Therefore, the crime of colluding in bidding should not be taken lightly, and professional criminal defense lawyers should be informed as soon as possible to help you safeguard your legitimate rights and interests through their professional legal knowledge and rich litigation experience.