The elements of the crime of bid-rigging and bid-rigging
Many construction projects are generally subject to bidding and tendering, bidding and tendering must be qualified units to carry out, sometimes there may be bidders or bidders and bidders collusion. So what are the elements of the crime of bid-rigging? The following is to introduce you, I hope to help you. First, the bid-rigging crime elements bid-rigging crime filing standards are: bidders collusion with each other bidding offers, or bidders and bidders collusion bidding, suspected of one of the following circumstances, shall be prosecuted: (a) damage to the bidders, bidders, or the state, the collective, the lawful interests of the citizens, resulting in direct economic losses amounting to 500,000 yuan. Economic loss amounting to more than 500,000 yuan; (B) the amount of illegal income of more than 100,000 yuan; (C) the winning project amount of more than two million yuan; (D) the use of threats, deception or bribery and other unlawful means; (E) although the amount of the above standards have not been reached, but two years due to collusive bidding, has received administrative punishment for more than two times, collusive bidding; (F) the amount of the above standards, but the bidding of more than two years due to collusive bidding, and collusive bidding; (G) the bidding of the bidding of the bidding of the bidding of the bidding of the bidding of the bidding of the bidder; (h) the bidder's legal interests. /p> (F) other serious cases. Second, collusion voting crime conditions The objective aspect of this crime is the behavior of collusion bidding. The so-called collusive bidding refers to the bidding process, the violation of the relevant procedures occurring in the restriction of competition, specifically, refers to the process of bidding and bidding, private collusion between the bidders, bidding or bidding, *** with the damage to the bidder or other bidders of the interests of the bidder or bidders, or bidders and bidders collude with each other to the detriment of the State, the collective, the legitimate rights and interests of the citizens. Behavior, there are two main forms: (a) the bidder collusion bidding participate in the bidding of operators between each other through verbal or written agreements, agreements, bidding on the price of each other to avoid competition, or agreement to take turns in a similar project in the bidding, *** with the damage to the bidder or the other bidders of the interests of the bidder, bidder collusion bidding the following kinds of major Manifestations: 1, bidders agree with each other, consistent bidding; 2, bidders agree with each other, consistent bidding; 3, bidders agree with each other, take turns in similar projects with a high or low bid; the so-called bidding price, refers to the bidder to the bidder is willing to pay the price. Bidding price should generally be inter-recruitment of engineering quantitative table as a basis for calculation, and take into account the winning rate, bidding for the future of the enterprise, the number of competitors, competitors bidding conditions and other factors, in the total amount of the inter-bidding budget by adding an appropriate percentage of the profit formation. (B) bidders and bidders collusion bidding Bidders and bidders collusion bidding refers to the bidder and specific bidders in the bidding and tendering activities, by improper means to engage in private transactions, so that the public bidding and tendering in a formal manner, *** with the damage to the state, collective, citizens (including other bidders) the interests of the behavior. This crime is a crime of circumstance, only serious collusion bidding offer, damage to the interests of the bidder or other bidders can constitute this crime, the circumstances are not serious, even if the implementation of the collusion bidding, damage to the interests of the bidder or other bidders, can not be dealt with this crime, the circumstances are serious, mainly refers to the use of underhanded means to collude in the bidding; repeated implementation of the collusive bidding; to the bidder or the other bidder causing serious economic losses. Other bidders caused serious economic losses; cause bad influence or even international influence. Third, bid rigging crime recourse period According to China's criminal law, bid rigging constitutes a criminal offense, according to the crime of bid rigging criminal responsibility, and criminal offenses have a statute of limitations, bid rigging crime recourse period is after five years. "Chinese People's **** and State Criminal Law" Article 87 of the statute of limitations period of time for prosecution after the following period of time is no longer prosecuted: (a) the statutory maximum penalty for less than five years of imprisonment, after five years (b) the statutory maximum penalty for more than five years of less than ten years of imprisonment, after ten years (c) the statutory maximum penalty of ten years or more, after fifteen years (c) the statutory maximum penalty for more than ten years of imprisonment, after (d) If the statutory maximum penalty is life imprisonment or death penalty, twenty years shall elapse. If it is deemed necessary to prosecute after twenty years, it shall be reported to the Supreme People's Procuratorate for approval. Article 223 collusion bidding bidders collude with each other bidding offers, damage to the bidder or other bidders, the circumstances are serious, shall be sentenced to less than three years of imprisonment or detention, and or a single fine. The bidder and the bidder collusion bidding, damage to the state, collective, the legitimate interests of citizens, in accordance with the provisions of the preceding paragraph. The above is to organize for you about the crime of bid-rigging and bid-rigging elements of the relevant legal knowledge. From the above, we can see that the determination of the crime of bid-rigging generally depends on the amount of violation of the law, the behavior of both sides to judge. If you have other questions, welcome to consult, we will have a professional lawyer for you to answer.