Limitation of individual crime caused by unit crime

1. The limitation period for prosecution of individual crimes in unit crime is determined by the longest limitation period for prosecution of unit responsible persons, which is relatively in line with the principle of adaptability of crime, responsibility, and punishment, because the unit responsible for criminal responsibility in unit crime is based on the society of unit crime. Harmfulness is closely related, and the heaviest punishment borne by the person responsible for the unit is the one that best reflects the social harm of unit crime.

2. In unit crime, the illegal income after crime is usually owned by the unit, that is, the illegal income generated by the criminal act, the beneficiary is the majority of the unit or its employees; while in the crime of natural persons, the illegal income after crime is mostly Individuals are personally owned. If it is not for the benefit of the unit, but for personal gain, then this situation should not be handled as a unit crime. Therefore, criminal acts committed by members within the unit without the approval, consent, or approval of the unit s decision-making body can generally only be regarded as natural person crimes.

If the person in charge of the unit evades the investigation or trial after the case has been accepted by the people s procuratorate, public security organ, or national security organ, the case should be distinguished and handled separately: ① File the case at the people s procuratorate, public security organ, or national security organ After the investigation or after the people s court accepts the case, the person responsible for the unit evades the investigation or trial based on the will of the unit, and neither the unit nor the person responsible for the unit evading the investigation or trial loves the limitation of the prosecution period. ② After the people s procuratorate, public security organ, or national security organ initiates an investigation or accepts a case in a people s court, the behavior of the person in charge of the unit to evade investigation or trial is based on his own will, and the unit has no intention to evade or try, escape Personnel responsible for the investigation or trial do not like the limitation of the time limit for prosecution, but the unit should still be limited by the time limit for prosecution.

We can see that no matter what type of crime and what complex process there is in our country, and the provisions on the limitation of crimes for crimes are uniform, we only need to look at the time limit for the sentence of the criminal suspect. If it is difficult to determine, you can consult a lawyer.

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