Legal analysis: According to the provisions of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)", the following economic crime cases will be filed.
1. If a non-state employee of a company, enterprise or other unit accepts a bribe of more than 5,000 yuan, a case will be filed for prosecution.
2. Staff members of a company, enterprise or other unit take advantage of their position to solicit other people’s property or illegally accept other people’s property to seek benefits for others, or take advantage of their position in economic dealings, Anyone who violates national regulations and accepts kickbacks and handling fees in various names, which are owned by individuals and the amount exceeds 5,000 yuan, shall be prosecuted.
3. In order to seek illegitimate benefits, give property to the staff of a company, enterprise or other unit, and the amount of personal bribery exceeds 10,000 yuan, and the amount of corporate bribery exceeds 200,000 yuan, shall be punished. File a case for prosecution.
4. Staff members of state-owned companies, enterprises, and institutions who take advantage of their positions to illegally make profits for their relatives and friends, and are suspected of any of the following circumstances, shall be prosecuted: causing direct economic losses to the country of more than 100,000 yuan The amount of illegal profits made by relatives and friends is more than 200,000 yuan.
Cause the relevant unit to go bankrupt, suspend business or production for more than six months, or have its license and business license revoked, or be ordered to close, cancel, or dissolve; other circumstances that cause significant losses to national interests. Those who sell state-owned assets at low prices and lose more than 300,000 yuan will be prosecuted
5. Those who practice favoritism, convert shares at low prices, or sell state-owned assets that cause direct economic losses to the country of more than 300,000 yuan shall be punished. File a case for prosecution.
6. If a person in charge of a state-owned company, enterprise or the directly responsible executive of its superior department engages in malpractice for personal gain, converts state-owned assets into shares or sells them at a low price, and is suspected of one of the following circumstances, a case shall be filed for prosecution :
Causing the state direct economic losses of more than 300,000 yuan; causing the relevant unit to go bankrupt, suspend business or production for more than six months, or have its license and business license revoked, or be ordered to close, cancel, or dissolve ; other situations that cause significant losses to national interests.
7. If a directly responsible person in charge of a state-owned company, enterprise, or institution is defrauded due to serious irresponsibility during the process of signing and performing a contract, and is suspected of one of the following circumstances, a case shall be filed for prosecution: Causing direct economic losses of more than 500,000 yuan to the state; causing the relevant units to go bankrupt, suspending business or production for more than six months, or having their licenses and business licenses revoked, and being ordered to close, cancel, or dissolve; otherwise causing major damage to national interests. circumstances of loss.
8. If the staff of financial institutions, companies or enterprises engaged in foreign trade activities are seriously irresponsible and cause more than one million US dollars in foreign exchange to be fraudulently purchased or more than 10 million US dollars in foreign exchange to be evaded, they should be punished. File a case for prosecution.
9. Anyone who obtains loans, bill acceptances, letters of credit, letters of guarantee, etc. by fraudulent means, with an amount exceeding one million yuan, shall be prosecuted.
Legal basis: Article 152 of the "People's Court Sentencing Guidance Opinions (Trial)" If an individual embezzles or accepts bribes of less than 5,000 yuan, and the circumstances are serious, the base sentence for embezzling or accepting bribes of 2,000 yuan is six months in prison. months or six months of detention, for every additional RMB 200, the sentence will be increased by one month, until the sentence is two years. Individuals who embezzle or accept bribes of more than 5,000 yuan but less than 10,000 yuan, show repentance after committing the crime, and actively return the stolen goods shall be sentenced to criminal detention.