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How to determine whether a unit has committed a crime

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How to determine whether a unit has committed a crime


        

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  • 2024-06-15 08:00:46

    Whether it is a unit crime can be determined from the following elements:

    1、 The subject element is the subject element of a unit crime, which requires the unit to have the capacity of criminal responsibility.

    Companies, enterprises, institutions, organs and organizations are all capable of criminal responsibility.

    2、 The general theory of subjective aspect holds that the subjective fault form of unit crime can be either intentional or negligent, and only intentional is the main form of expression.

    3、 The object of unit crime varies with different crimes, mainly including: (1) national security; (2) Social public security; (3) Socialist market economic order; (4) Citizens' personal rights and democratic rights; (5) Social management order; (6) National defense interests; (7) The normal order of the state organs and their staff members to be honest in politics and the ownership of public and private property. No matter what kind of object is violated, the object of unit crime is the same as that of natural person crime when the same natural person commits the same crime.

    4、 The objective aspect of unit crime requires that it must be an act that endangers society and is stipulated by law as a unit crime.

    Legal basis:

    Article 30 of the Criminal Law [Scope of criminal responsibility of units] If a company, enterprise, institution, organ or organization commits an act endangering society that is stipulated by law as a crime committed by a unit, it shall bear criminal responsibility.

    On***

    2024-06-15 08:00:46

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