A unit of the characteristics of the crime of bribery
(a) legal cover illegal, there is a greater deception
Unit bribery because the unit will be dominated by the implementation of the act, so the general are in the face of "public affairs", in the process of solicitation or acceptance of property, often complete formalities, the reasons for the legal identity to cover up the illegal behavior. Mostly on the pretext of infrastructure financing, equipment purchase, shortage of funds, etc., to ask for and accept property from individuals and units that are in need of this unit. For the acceptance of the bribe money is generally not directly used or privately, often secretly into the off-the-books accounts, such as private "treasury" account, subordinate branches, subsidiaries, accounts and other accounts, so that this part of the funds in the off-the-books cycle, the loss of due supervision and control. From the use of the bribe money, most of the unit used for non-normal expenditure, or for the unit staff to issue bonuses, welfare grants and so on. So that the whole process of the crime are cloaked in a legal cloak, with great deception, it is difficult to be found and considered a criminal act.
(2) means of continuous renovation, criminal intelligence
The implementation of the unit of bribery, generally after the unit collective study or the head of the unit decided in advance, these people in addition to a high level of culture and IQ, deep social experience, professionalism, there is a certain level of policy and law, good at drilling the law and policy of the loopholes, and with the playing of the "ball", "go to the margins of the road," the method of implementation of the Criminal behavior, blurring the boundaries between legal and illegal behavior. The means of committing crimes are constantly being refurbished, and the methods of committing crimes are becoming more insidious. In the investigation and handling of such cases, we found that the unit of bribery to implement the crime of the following methods:
1, the request for concessions. Commodity purchase and sale of concessions refers to the operator in the sale of goods to express and truthful accounting of the way to give each other price concessions. However, in many cases of unit bribery, the bribed party often requires the other party to give a certain amount of discounts or concessions, the bribed unit but according to the price before the concessions into the "big account", as for the concessions are transferred to the off-the-books account.
2, the agreement is divided. Mainly refers to the authority of the unit or function in the interests of the other party, clearly require the other party to obtain a profit in proportion to the share. Such as price departments to use price approval rights, technical departments to use guidance to develop new technologies, large-scale enterprises to help small and medium-sized enterprises to develop new products, etc., require the service sector to service the profits generated by the proportional share, or a one-time requirement to pay the so-called service fee, and the proceeds of the money is not accounted for in the off-the-books cycle.
3, receiving kickbacks. Kickbacks is one of the main forms of commercial bribery behavior, but also the main form of bribery unit. That is to say, one party from the price of the proceeds of a certain percentage of cash or additional honorarium, secretly paid to the other party. The receiving unit is often secretly received without being accounted for. At present, the phenomenon of kickbacks is more complex, there are active solicitation and passive acceptance, there are explicit and implicit solicitation, in addition to the cash given to purchase instead of bribery, acceptance and solicitation of goods, such as sending cars, to solve the high-grade renovation, to provide the unit concerned with the travel and so on.
4, the creation of income generation. This form of crime mainly occurs in the institutions, especially in the administrative and law enforcement departments, generally to the unit of insufficient funds, infrastructure and equipment under the pretext of fund-raising, etc., the use of the unit's powers to the relevant units and individuals to ask for income generation, into the "treasury", for the unit to seek local interests.
(C) the criminal participant more than the same department, investigation and evidence collection difficult
Unit bribery is a state organ, state-owned companies, institutions, people's organizations, soliciting, illegally accepting other people's property, for the benefit of others. Is a unit of will under the domination of the implementation of the crime. This behavior from the decision-making to implementation process, generally have the unit head, the person directly responsible for and related personnel and other people involved, they are both the participants of the unit crime, is often also the benefits of *** with the beneficiaries. In order to circumvent the law, to avoid supervision, often in the decision-making at the same time on the study of countermeasures, a unified voice. In the unit is investigated, because the participants in the crime are the same unit of relevant personnel, very easy to collusion, dam plug hole and destruction of evidence, and thus the unit crime of anti-detection ability than the individual crime of anti-detection ability is stronger, which for the investigation and handling of the unit of bribery crime of the forensic work has brought a certain degree of difficulty, in addition, in the investigation and handling of the unit of bribery crime, the relevant personnel to take advantage of the unit and the department of the imperfections of the system and management of irregularities as the Reason, more reasonable explanations, each other more shirking of responsibility, many verbal evidence is difficult to consistency, coupled with the provisions of the various departments, policies and laws conflict with each other and many other factors, the unit to determine the nature of the crime of passive bribery has brought great difficulty.
(D) the crime protection layer is thick, case investigation and handling of resistance
Unit bribery offense participants often have two sides. On the one hand, they disregard national laws and policies, for local or small group interests in the implementation of illegal acts, on the other hand, there is a certain ability to work, may also be more outstanding performance, easy to win the organization and a few leaders of excessive trust and support, and some are also quite influential in the local. Under the guidance of the idea of "not breaking the law for the sake of public interests" and the maintenance of local interests, some government agencies and authorities subconsciously, wrongly treating commercial bribery as an unhealthy trend in the industry or sector, and believing that commercial bribery is only an insignificant flaw in the development of the commodity economy, therefore, when investigating and dealing with this kind of cases, some local governments or departments are always accommodating and shielding, and even explaining and lobbying in the name of the organization. Explaining and interceding. At the same time to the issuing unit to wear layers of protective clothing, but also to the case unit in the investigation and handling of cases in the work has brought great resistance and influence.
(E) the case of hidden cases, easy to personal crime
As the unit of bribe money in the off-books cycle, this part of the property is lost, the expenditure by a few people or individual say, often a muddled account, very easy to be personal embezzlement and misappropriation. In addition, in the unit bribery process, due to the backroom operation, often explicit and implicit deductions, unit bribery and individual bribery coexist, in judicial practice, in the investigation and punishment of the unit bribery case at the same time often bring out the individual bribery string case. Only the city recently investigated and dealt with the education system, China Network Communications Corporation Yangzhou Branch and Jiangsu Provincial Petroleum Exploration Bureau staff hospitals and other three unit bribery cases, for example, through the investigation and handling of unit crimes have been dug out of the individual bribery cases of 12 cases of 12 people. Therefore, the unit crime is to hide individual crime "air-raid shelter", but also induced individual economic crime hotbed.
Second, the investigation and handling of methods and countermeasures
Through the study of the characteristics of the unit bribery cases, it can be seen that the unit bribery crime means, methods, and the law and other crimes and personal crime compared to both the same points and there are differences, how to investigate and deal with such cases of commercial bribery, the author to mention a few rough understanding.
(A) grasp the clue management, timely investigation and handling
Unit bribery cases as a result of the unit for the benefit of the unit, due to emotional confrontation and conflict aggravated by the reporting of very little, covert, it is easy to be ignored, therefore, reporting less, difficult to find one of the characteristics of the unit bribery crime. Most of these clues come from the audit department audit, higher supervision and inspection and business, taxation and other departments of the function of the inspection and so on. Therefore, to discover such clues in a timely manner must unclog the information channels and increase the amount of information. First, strengthen with the discipline inspection, supervision, audit, industry and commerce and taxation and other law enforcement departments and supervision and inspection departments to contact, expand the amount of information, realize the resources **** enjoy. In the audit, financial inspection and supervision and inspection work carried out by the above departments, it is necessary to follow up and understand in a timely manner, and if necessary, through consultation, may send staff to participate in the audit and inspection of the problems found in a timely manner, especially the use of illegal funds in the unit, the cycle of off-book funds and other important links prone to the occurrence of the unit of the crime of bribery to be an in-depth understanding of the issue of the important links to be found and grasp the clues from it. Secondly, we should be concerned about the hot issues strongly reflected by the public. Such as pharmaceutical purchases and sales of drugs in the inflated, education fees, state-owned assets in the auction of irregularities and administrative law enforcement inaction and other issues, often hidden unit bribery offenses. Third, focus on key industries, key sectors of major economic activities. In particular, the unit infrastructure fundraising, the purchase of major equipment, the monopoly industry to issue high bonuses and benefits, such as the source of funds to investigate the unit crime clues. Fourth, the case with the case, digging deep unit bribery case clues. In the investigation and handling of individual corruption and bribery cases, on the one hand, through the relevant people to investigate and understand whether there is a unit of bribery, especially to the briber to understand the unit with or without explicit deductions, implicit deductions, as well as fees and other abnormal economic transactions, while also investigating and dealing with personal crime as a cover, checking the unit of irregular income and expenditure, especially to pay attention to the unit "small treasury" and the source of welfare bonuses, and other important links to verify the unit of passive bribery clues. The unit of bribery, thus digging up clues to the crime of bribery.
(2) micro-analysis of doubt, selecting the right breakthrough
Anything has a duality, unit bribery is the same, both hidden, but also easy to expose the side of both the investigation and handling of the difficult side, but also to facilitate the breakthrough of the weak links. This requires our investigators, according to the characteristics of individual cases, careful analysis, careful planning, choose the right breakthrough, often can achieve twice the result with half the effort. According to the practice of investigating and dealing with unit crime in recent years, the author believes that the following aspects:
1, from the checking of accounts. Units after the bribe, although the bribe was transferred or directly into the "off the books", this off the books on the surface of the accounts with the unit account does not seem to be related, but in practice most of the intrinsic links, such as hidden kickbacks, discounts, most of the money is in the name of some kind of transfer from the unit account to the accounts, if it is the acceptance of the unit of the bribe, bribery unit accounts will also be spent on the accounts, even if it is a variation of the treatment, but always in the accounts of the expenses Leave traces. Such as we are investigating and dealing with Jiangsu Petroleum Exploration Bureau staff hospital unit bribery case, found that the unit of a small number of medical equipment purchased in the accounts did not record, with this problem we went to the seller to check the accounts, found that the sales unit in order to conceal the payment of medicines and medical equipment kickbacks for the payment of another current account for the staff of the hospital of the unusual expenditure directly from the account, thus identifying the hospital in the purchase of medical equipment and medicines, secretly, in the process of the hospital, the hospital will have to pay for the expenditure, even if it is a workaround, but always leave traces of the expenditure. In the process of purchasing medical equipment and drugs, the hospital secretly received more than 1.8 million yuan in kickbacks without recording the criminal facts. In addition, in the commercial bribery, both sides always have some anomalies, this anomaly is often reflected in the accounts, such as the bribed unit of the purchased goods prices are inflated, the project did not start to pay all or most of the project in advance, and so on. As long as our investigators on the account of careful verification, careful analysis, it is easy to find the unit crime bribery "traces".
2, from the briber or bribery unit. Unit bribery cases with general bribery cases **** the same characteristics. Although the two sides often enter into an offensive and defensive alliance, but because they embodied the characteristics of utilitarianism is very obvious, the two sides of the solid relationship is built on utilitarianism, non-moral and illegal, is not unbreakable. Under a strong legal offense, this relationship will still be untenable. Whether it is a unit of individual bribery, or unit to unit bribery, bribery is often passive, as long as we have to use the full legal weapons, strengthen the policy of attack, know the pros and cons, seize the contradictions, each breakthrough, it is easy to break through the psychological defense of the bribe taker, forcing it to truthfully confess the facts of the crime.
3, from the informant or important relations. Unit bribery due to the act of implementation of the unit, the knower and participate in the implementation of people more than the individual bribery case, which gives us favorable conditions for the investigation work, some of them are both the knower may also be a participant, there is a criminal act of a part of the knower and participant, there is the handling of stolen money and stolen property knower and participant. Therefore, we have to expand the investigation field of vision, from the knower or important relations, to grasp the first-hand evidence of the unit crime information, is conducive to the rapid breakthrough of the case. In the investigation of China Network Communications Corporation Yangzhou Branch unit bribery case, the beginning of the individual bribery case, we also just in the handling of the unit in the contracting of the project to understand that there is the behavior of indiscriminate solicitation of sponsorship. After analyzing the decision, we first find responsible for the management of financial Gengmoumou talk, as a breakthrough in the case, after a few rounds of repeated battles, and soon found that the company, in the process of engineering contracting has many times in the name of sponsorship, to the construction unit for the construction of more than 1 million yuan, deposited in the subordinate unit's account for payment of wages of temporary workers, eating, drinking, hospitality and other non-normal expenditures.
4, from the stolen money to start. From the stolen money to start the reverse method of investigation, the breakthrough and check the unit of bribery facts are generally very obvious effect. Because the unit of bribery has a *** with the law, are secretly received, are in the off-the-books cycle, for illegal expenditure. In practice, the unit bribe money is mainly used in three aspects: one is to enter the unit "small treasury", for eating and drinking hospitality and other non-normal expenditure; two is directly issued by the unit cadres and workers bonuses, benefits; three is used for the super-standard infrastructure, the purchase of equipment, transportation and communication tools and so on. At the same time to find out the source of these expenditures, follow the melon, will certainly be able to figure out the source of the money, so as to obtain the factual basis for the crime of unit bribery.
(C) focus, synchronized forensics
Unit bribery cases involved in more people, the main decision makers and implementers of both sides of the implementation of the crime of bribery most of the unit's main leaders or department heads, because of the unit's interests and make them into a benefit **** the same body. It is very easy for each other to hit the dam to plug the hole, collusion and destruction of evidence. They tend to mobilize all relations in the initial investigation, for the unit to intercede, to set up obstacles for the investigation; when the case is filed for investigation, they will take all means to avoid and impede the investigation by all means, in an attempt to circumvent the law. If we investigate the case of improper methods, measures are not strong, a little carelessness will make the case investigation into a passive situation. Therefore, the investigation and handling of unit bribery cases we must do: First, take a large initial investigation mode to focus on the whole line of force breakthrough. If necessary, by the investigation command center unified deployment, unified command, mobilization of elite troops, synchronous investigation and evidence collection; Second, accelerate the pace of the case, fast investigation and quick conclusion. Case to be decisive, measures to be timely, evidence to be in place, the conclusion of the case to be rapid; Third, according to the case, take a variety of ways to investigate the case. For major influential cases, in order to remove resistance, can be used by the higher procuratorate designated jurisdiction, to investigate and deal with off-site, to ensure that the investigation of the work of the fruitful and smooth.
(D) to find out where the stolen money goes, expanding the effect of the case
Unit bribery is not only a long span of time, the number of times, the amount of money, and the content of the expenditure is also very complex, coupled with the management of the chaos, the lack of supervision, and is likely to be hidden in the individual crime. Therefore, to identify the unit crime of the stolen money to go not only to improve the evidence, more importantly, to expand the effect of the case, from the known crime to find unknown crimes, from the unit of bribery to find out the individual crime. Investigators in checking the unit crime stolen money to go, to be careful, pen by pen checking, to find out the ins and outs of each stolen money, digging deeper into the crime, exposing the crime has an extremely important role.
Unit bribery is the 1997 revision of the criminal law only after the unit crime, the practice of investigating and dealing with this case is not much, in the case of characterization and treatment are prone to some fuzzy understanding, therefore, in the current governance of commercial bribery activities, our procuratorate in investigating and dealing with this kind of cases, it is necessary to be accurate, and prudent. To strictly distinguish between the following boundaries: First, we must distinguish between unit bribery and individual bribery. Unit of passive bribery is a collective study by the unit or by the person in charge of the decision, directly in the name of the unit to implement the act, the proceeds of bribery to the unit all. Particular attention should be paid to the difference with the criminal act of accepting bribes personally in the name of the unit; secondly, attention should be paid to the distinction between state-owned units and non-state-owned units. According to the provisions of the Criminal Law, the subject of the unit of passive bribery is limited to state-owned units, namely, state organs, state-owned companies, enterprises, institutions and people's organizations. In addition, other units of passive bribery, does not constitute a unit of passive bribery; Third, pay attention to distinguish between the unit of passive bribery and the unit of "income-generating" "sponsorship" and other behavioral boundaries." For the benefit of others" is a unit of passive bribery offense necessary elements, whether it is soliciting, illegal acceptance of other people's property, or in the economic exchanges in the secret acceptance of all kinds of nominal kickbacks, fees, all must have this objective element. Thirdly, pay attention to the distinction of responsibility, highlighting the focus of the fight. Although the subjective unit of passive bribery reflects the will of the unit, but in practice, the implementation of this crime is mainly by a small number of people or individual responsible person to decide and implement. Therefore, we in the investigation and handling of cases of unit passive bribery, to distinguish responsibility, differentiated treatment, focusing on the implementation of the crime of the decision maker and the implementation of criminal behavior of the main responsible person. At the same time to implement the policy of leniency and severity of the resistance to confession, dam plug hole, destruction of evidence, once found to be severely punished. For the surrender, confess to a better attitude, the unit actively return stolen goods, take the initiative to recover economic losses, should be treated leniently according to law. As far as possible to narrow the blow, reduce the shock, maintain the unit or department of normal working order and production order, to do the legal effect of the case and the social effect of the organic unity.
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