In violation of the relevant provisions, the deposit shall be confiscated, and the criminal suspect and defendant shall be ordered to make a statement of repentance, re-pay the deposit, put forward a guarantor or monitor their residence and be arrested according to the circumstances. If the criminal suspect or defendant does not violate the relevant provisions during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial. The criminal law practice in our country should not only investigate the criminal responsibility of enterprise legal person, but also investigate the criminal responsibility of the person directly responsible (natural person). Whether the director of a department should be investigated for criminal responsibility depends on his position and role in the crime and the degree of harm of the crime.
Article 64 of the criminal law
Disposal of criminal articles All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves. Nn Article 192 The crime of fund-raising fraud is to illegally raise funds by fraudulent means for the purpose of illegal possession, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. Under normal circumstances, it is not illegal for a company to pay employees with personal accounts. Details are as follows:
Under normal circumstances, the re-employment contract stipulates that the company will pay employees as independent individuals, so in most cases, employees' wages will be paid in the company account.
Under special circumstances, it is not illegal for a company to pay employees with personal accounts, as long as it is truthfully declared and conforms to the financial process.
It is illegal for a company to pay employees with personal accounts to avoid taxes, which is tax evasion.
According to the national regulations, basic account can only transfer the following funds into private accounts: wages/bonuses/labor income of enterprise employees, transfer of personal creditor's rights and property rights, personal security deposits of securities and futures, refund of insurance claims and other personal legal funds. If the amount exceeds 50,000, relevant certificates shall be provided to the bank. Such as award-winning certificate, labor contract, certificate of securities and futures company, transfer agreement, certificate of insurance company and other supporting materials.