How to deal with collusion bidding of public officials

1、 Collusion of public officials bid How to deal with it?

about Crime of Collusive Bidding The sentencing standard of is:

If the circumstances are particularly serious, they will face less than three years fixed-term imprisonment Or criminal detention , and often attach fine Punishment;

However, if there is only a fine but no important criminal responsibility, it is called "single fine".

The legal element of this crime is reflected in the objective aspect, that is, the bidders collude with each other in bidding quotation, thus harming Bidding Interests of persons or other bidders;

Or the bidder and the tenderee colluded in bidding, thereby harming the legitimate rights and interests of the state, the collective and citizens.

However, if collusive bidding does not cause any loss to the tenderee, and does not have a negative impact on the interests of the state, the collective and others, then this situation cannot constitute the crime of collusive bidding.

《 criminal law 》Article 223

Bidders who collude with each other in bidding quotations and harm the interests of the tenderer or other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

A bidder who colludes with a tenderer in submitting a bid, thereby harming the legitimate interests of the State, the collective or citizens, shall be punished in accordance with the provisions of the preceding paragraph.

2、 Public officials Combined punishment for several crimes Whether applicable probation

Suspension of sentence is only applicable to those sentenced to fixed-term imprisonment of less than three years (in the case of combined punishment for several crimes, if the term of fixed-term imprisonment decided to be executed is medium term, and one of them charge The sentence has been determined to be suspended;

In this case, it should be based on the principle of absorption, that is, no longer to carry out probation).

Therefore, medium and long-term imprisonment, life imprisonment death penalty as well as recidivism Or the ringleader of a criminal gang.

To judge whether a criminal who is punished for several crimes can be sentenced to probation, the key lies in the length of the final sentence.

If the sentence is less than three years, and the defendant also meets other conditions for probation, probation may be considered.

Article 72 of the Criminal Law stipulates that a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and a suspension of sentence shall be announced for those under the age of 18, pregnant women and those who have reached the age of 75:

（1） The circumstances of the crime are relatively minor;

（2） Show repentance;

（3） There is no danger of committing another crime;

（4） Proclamation of probation has no significant adverse impact on the community where they live.

The power of law lies not only in its binding force, but also in its educational and guiding role. It teaches us how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. As the title of this article puts forward, "How to deal with collusive bidding by public officials", we can get many valuable enlightenment and lessons from it. We should cherish these lessons and internalize them into our code of conduct so that we can better abide by the law and live in this society under the rule of law.