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How to punish those who issue false certificates (how to punish those who issue false certificates)

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How to punish those who issue false certificates (how to punish those who issue false certificates)


        

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  • 2024-06-10 10:01:44

    No matter whether we are working, studying or living, we may encounter various legal problems, so we usually need to know more about legal knowledge, so that when we encounter legal problems, we can deal with them well to safeguard their legitimate rights and interests. In this article, we have sorted out how to identify some cases of illegal issuance of false certification exemption after sentencing, and what relevant legal knowledge can be included in the evidence that can prove the false contribution. I hope it can be helpful to you.

    How to identify the exemption of issuing false certificates in violation of regulations after sentencing

    If a member of an intermediary organization that is responsible for asset assessment, capital verification, verification, accounting, auditing, legal services, etc., as stipulated in the Criminal Law, intentionally provides false certification documents, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. Any person mentioned in the preceding paragraph who extorts money or property from others or illegally accepts money or property from others and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined. Any person specified in the first paragraph who, grossly neglecting his duty, produces certificates that are seriously untrue, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. Article 229 of the Criminal Law, if a member of an intermediary organization that undertakes the functions of asset assessment, capital verification, verification, accounting, auditing, legal services, etc., deliberately provides false certificates, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. Any person mentioned in the preceding paragraph who extorts money or property from others or illegally accepts money or property from others and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined. Any person specified in the first paragraph who, grossly neglecting his duty, produces certificates that are seriously untrue, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

    What are the criteria for conviction and sentencing of the crime of absorbing customers' funds without entering them into the account

    1. A natural person commits the crime of absorbing customer funds without entering them into the account.

    (1) If the amount is huge, it can be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of 20000 to 200000 yuan;

    (2) If the amount is especially large, it can be sentenced to more than five years of imprisonment and a fine of 50000 to 500000 yuan.

    2. The unit commits the crime of absorbing customers' funds without entering them into the account.

    (1) Impose a fine on the unit;

    (2) The persons directly in charge and other persons directly responsible for the unit shall be punished in accordance with the provisions on sentencing of the above-mentioned natural persons.

    If the crime of absorbing customers' funds without entering them into the account is completed and the amount involved is huge, it can be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of 20 to 200, 000 yuan;

    If the amount is especially huge, it can be sentenced to more than five years of fixed-term imprisonment and a fine of 50 to 500, 000 yuan.

    Legal basis:

    Article 187 of the Criminal Law of the People's Republic of China, if a staff member of a bank or of any other financial institution fails to enter the funds of a client into the account book, if the amount involved is huge or heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan;

    If the amount is especially huge or causes especially heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 50000 yuan but not more than 500000 yuan.

    Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    w***

    2024-06-10 10:01:44

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