According to China's "Criminal Law" Article 223 provides that bidders collusion with each other bidding offer, damage to the interests of the bidders or other bidders, the circumstances are serious, shall be sentenced to less than three years' fixed-term imprisonment or detention, and or a single fine. Bidders and bidders collusion bidding, damage to the legitimate interests of the state, collective, citizens, in accordance with the provisions of the preceding paragraph shall be punished.
The filing criteria for the crime of collusive bidding under serious circumstances:
1, harming the bidder, the bidder or the legitimate interests of the state, the collective or the citizens, resulting in direct economic losses amounting to more than five hundred thousand yuan;
2, the amount of illegal income of more than one hundred thousand yuan;
3, the amount of winning the project of more than two million yuan;
4, the use of threats, deception or bribery and other illegal means;
5, although the amount does not reach the above standard, but within two years for collusive bidding, has been subjected to administrative penalties for more than two times, and collusive bidding;
6, this provision of the "although the amount does not reach the above standard", means close to the above standard and has reached eighty percent of the amount of the standard. Has reached more than eighty percent of the amount.
7. If a preparatory, attempted or suspended offense requires criminal prosecution, a case shall be filed for prosecution.
8. The criteria for filing a case for prosecution in these provisions shall apply to the corresponding unit crimes, except as otherwise provided in the laws, judicial interpretations, and these provisions.
Compensation for losses
Collusive bidding caused by other people's losses, shall also be liable for compensation. The loss here refers only to property loss and does not include moral damage. The so-called moral damage refers to the civil rights of civil subjects due to the unlawful infringement of their personal interests, so that their personality interests and identity interests were damaged or suffered mental anguish, the infringer is required to remedy and protect the civil legal system through the method of property compensation.
Because in the bidding activities, the victim due to collusion bidding loss suffered by the loss of property, and there are including spiritual loss, so the scope of damages should be limited to the compensation of property damage.
More about the engineering/service/procurement category of the tender writing production, enhance the winning rate, you can click on the bottom of the official website customer service free consultation:/#/?source=bdzd