Some netizens have asked a question, if you "drink tea" in a company and do not sign all kinds of technical documents subjectively, but you are "signed" by the company by secretly forging your signature, how will you be punished if something goes wrong?
The following is a sentencing case of the EIA engineer for your reference
On February 27, the Supreme People's Court held a press conference to announce the official launch of the People's Court's case database and its opening to the publicThe reference cases included in the database are all classic judicial cases that have an important guiding role
"Lin Mouxin et al. Providing False Supporting Documents Case - * Characterization of the Behavior on the Qualification Page of the EIA Report".
Basic facts of the case
In September 2020, in order to obtain illegal benefits, the defendant Lin Mouxin conspired with others to establish a company and ** the "EIA Report Qualification Page" (mainly including the "Preparation Unit and Preparation Personnel Table", "Preparation Commitment", "Preparation Personnel Commitment", "Preparation Unit Commitment", "Social Insurance Participation Certificate", "Copy of EIA Engineer Qualification Certificate", "Business License" and other materials).
Lin Mouxin instructed the defendant Wang to register and establish Jinhua Company and Yuehua Company in Jimo District, Qingdao City, Shandong Province, and Lin Mouxin was the actual controller of the company.
After being introduced by others, the defendant Jin Mouyan, who held the professional qualification certificate of an environmental impact assessment engineer, was "attached" to Jinhua Company and others. Jin Mouyan, who is affiliated with Jinhua Company, charges a fee of 350,000 yuan, and according to Lin Mouxin's requirements, he provided life **, which was used to forge the proof of the EIA engineer to the project site in the EIA documents, but did not actually participate in the preparation, review and signature of the EIA report.
From September 2020 to February 2021, the defendant Lin Mouxin and others solicited business through others, and when the defendant Jin Mouyan and others did not actually participate in any preparation process, and Jinhua Company and Yuehua Company did not carry out any EIA work, they forged the signatures of the EIA engineers, and gave the "EIA report qualification page" stamped with the seal of the above-mentioned company to others through the defendants Wang and Gu Mouhuan** in a set ranging from 300 yuan to 3,500 yuan per set for the preparation of environmental impact reports and report forms.
Lin Mouxin and others in the name of Jinhua Company, Yuehua Company ** EIA report qualification page, for others to prepare 48 environmental impact reports, 879 environmental impact report forms, a profit of 79910,000 yuan.
The relevant ecological and environmental departments determined that 25 environmental impact reports and report forms had quality problems such as omission of environmental protection objectives and concealment of ecological reserves, and the approval of the EIA documents of the projects involved had been revoked by the EIA approval department in accordance with the law, and the relevant projects were ordered to suspend production and business.
On May 25, 2023, the Jimo District People's Court of Qingdao City, Shandong Province, rendered the (2023) Lu 0215 Xingchu No. 188 Criminal Judgment:
It was found that the defendant Lin Mouxin was guilty of providing false supporting documentsHe was sentenced to three years' imprisonmentand a fine of RMB 500,000;
Defendant Wang X committed the crime of providing false supporting documentsHe was sentenced to one year and six months' imprisonmentand a fine of RMB 70,000;
Defendant Gu Mouhuan committed the crime of providing false supporting documentsHe was sentenced to one year and two months' imprisonmentand a fine of RMB 60,000;
Defendant Jin Mouyan committed the crime of providing false supporting documentsHe was sentenced to one year's imprisonment, suspended for one year and fined RMB 50,000.
After the judgment was pronounced, there was no appeal or counter-appeal, and the judgment had taken legal effect.
Reasons for the Adjudication
The effective judgment of the court held that:Defendant Lin Mouxin, as an intermediary organization member who undertook the responsibility of environmental impact assessment, together with defendants Wang, Gu Mouhuan, and Jin Mouyan, did not actually carry out any EIA business and did not participate in the preparation of the EIA report.
Regarding the determination of false supporting documents, after investigation, it was found that the defendant Jin Mouyan and others, who had the professional qualifications of an environmental impact assessment engineer, did not actually participate in any preparation process, and the environmental impact assessment supporting documents involved in the caseIt is a forged signature of the EIA engineer
After review by experts organized by the environmental protection department, it was found that the relevant environmental impact report and environmental impact report form involved in the case had problems such as the project involving errors in ecologically sensitive targets, false monitoring data on the current status of environmental quality, concealment of ecological and environmental protection zones, and failure to carry out environmental impact assessment and evaluation.
Serious quality problems such as false basic information, omissions of key content, and incorrect data conclusions in the above-mentioned environmental impact assessment documents, which cannot objectively reflect the environmental impact that may be caused by the implementation of the project, shall be found to be "false supporting documents" as provided for in article 229 of the Criminal Law.
With regard to the subjective intention of providing false supporting documents, after investigation, it was found that Jinhua Company, Yuehua Company and relevant personnel involved in the case did not carry out any environmental impact assessment work, but resold the qualification pages of the environmental impact assessment report for the preparation of environmental impact assessment reports and report forms.
According to the relevant national environmental impact assessment standards and technical specifications, environmental impact assessment is carried out, and technical personnel are required to conduct on-site surveys and carry out environmental status investigations and other activities.
Defendant Lin Mouxin and others violated the above provisions by not going to the site of the project involved in the case to investigate, not actually participating in the investigation of the current environmental situation, and directly ** the qualification page of the environmental impact assessment document, and providing assistance to others in preparing false environmental impact assessment certification documents in the qualification and name of the above-mentioned companyIt shall be found to be a subjective intent to provide false supporting documents in accordance with law
Defendant Lin Mouxin and others provided assistance to others in compiling EIA documents in the qualifications and names of Jinhua Company and Yuehua Company involved in the case through the qualification pages of the EIA report such as the "Preparation Unit and Preparation Personnel Table", and the illegal gains were 79910,000 yuan, a total of 927 EIA documents involved in the case, involving construction projects in multiple provinces and cities and many industries, disrupting the order of the EIA market, undermining the credibility and effectiveness of the EIA system, endangering the ecological environment, and causing a bad social impact, shall be found to be "serious circumstances" as provided for in Article 229 of the Criminal Law.
Comprehensively considering the role of each defendant in the joint crime, as well as circumstances such as voluntary surrender, admitting guilt and accepting punishment, and returning stolen goods, the court made the above judgment in accordance with law.
The gist of the referee: Personnel of intermediary organizations undertaking environmental impact assessment responsibilities who do not actually participate in environmental impact assessment, but directly ** the qualification page of the environmental impact assessment report for others to fraudulently use qualifications, prepare false environmental impact reports and environmental impact report forms, are "intentionally providing false supporting documents" as provided for in Article 229 of the Criminal Law.
After reading the above cases, those netizens who are "drinking tea" in the testing company should pay attention:First, do you have to make sure that the report has your signature on it? The second is to see if the company has issued false test reports in batches
Some things are not on the scale, there are no four or two, a thousand pounds on the scale can't be beaten, it's easy to say if nothing happens, and it is estimated that if something happens, it will be pulled out and sent in.
Other cases
The female director of the Housing and Urban-Rural Development Bureau was sentenced to 10 years in prison!
The director of the Housing and Urban-Rural Development Bureau was investigated, received a "certificate fee" of 360,000 yuan in 11 years, and accepted a large amount of property on the grounds of helping to undertake the project, and was finally sentenced to 10 years in prison and fined 600,000 yuan.
April 26, 2023Former member of the Party Committee and deputy director of Nanjing Gulou District Construction BureauThe case of Kuamuning was heard.
The scene of the trial. Basic facts of the case
Kuai Muning, female, joined the Communist Party of China in May 2000, and served as the deputy chief of the construction section of the Housing and Urban-Rural Development Bureau of Xiaguan District, Nanjing City, Jiangsu Province, the director of the project management department of Nanjing Xinxia Construction Investment Holding Group, the person in charge of the municipal construction project management of Nanjing Xinxia, and the member of the Party Committee and deputy director of the Construction Bureau of Gulou District, Nanjing.
From 2010 to August 2022, Kuamuning took advantage of his positionProviding assistance to others in matters such as project contracting and project payment settlement, and illegally accepting property from others totaling 67690,000 yuan
Among them, in 2010,Kuamuning proposed to Company B to apply for the first-class construction engineer qualification certificate as an employee of the company, and attached the certificate to the company。From 2010 to 2021, Kuamuning still accepted gifts from Yan Moumou, chairman of the company, and Zhou Moumou, director of the office, knowing that the company did not actually use its certificate to engage in related businessThe "certificate fee" totaled 360,000 yuan
From 2013 to 2022, Kuamuning proposed to Yan and Zhou on the grounds of helping to undertake projects and coordinate working relationships, and Yan and Zhou agreed and successively gave Kuamuning cash and shopping cards in total2.77 million yuan。In addition, in order to express gratitude and contact feelings, Yan Moumou and Zhou Moumou gave Kuai Muning large sums of money and property many times during the New Year's holidays.
Hanging a certificate to get paid, violating discipline or **?
May 15, 2023, Nanjing Gulou District People's CourtHe was sentenced to 10 years in prison and fined 600,000 yuan。The sentence is now in force.
Kuamunin is listed in other companies for remuneration, does it constitute a violation of discipline or **?
After investigation, in 2010, Kuamuning took the initiative to apply for the first-class construction engineer qualification certificate as an employee of the company, and submitted false application materials.
After obtaining the first-class construction engineer qualification certificate, Kuamuning has been attached to the company for a long time to obtain remuneration. In practice, the key to distinguishing whether it is a violation of discipline or a criminal act to obtain remuneration by hanging up evidence in violation of regulations depends on whether the state functionary takes advantage of his or her position to seek benefits for others, that is, whether there is a power-for-money transaction.
On the surface, it was a violation of discipline to obtain remuneration for illegal certificates, but in fact, Company B still paid a total of 360,000 yuan a year to the so-called "license fees" under the influence of Kualmoning's authority and had never used Cumoning's first-class construction engineer qualification certificate to engage in related business.
The relevant evidence proves that the huge benefits obtained by Company B in undertaking the project through unfair competition are closely related to the convenience of the position of the state functionaries. Therefore,The above-mentioned 360,000 yuan is essentially a benefit fee for the entrustment matter, and Kuamuning accepted the 360,000 yuan in the name of hanging evidence for remuneration, which should be found to constitute a crime of **
The personnel of the central enterprise were fired from the construction of a building!
For a long time, the investigation of affiliation is generally a dispute with the affiliated unit. For example, when it comes to money, do you want to return it? Do you have to pay a fine, etc. In fact, every year, there will be those who are reported, and when they encounter (** civil servants) in the system, the punishment is generally heavier, and it is generally a demerit warning and the like. Before a netizen, who had just been admitted to the civil service, was reported to be affiliated with the second-level structure during the publicity period, and was persuaded to quit and give up this position.
And for enterprises, this kind of thing is generally not particularly concerned. Even state-owned enterprises usually emphasize to employees that affiliation is not allowed, and if they find out, they will communicate and withdraw first, otherwise the contract will be terminated. Today's case is that a designer of the Southwest Institute hung a building outside, and was suspected of being reported by the unit discipline inspection committee, and was later fired. This punishment is on the heavy side, but because it may have alarmed the above, so the unit did so.
The following is a report from the **Commission for Discipline Inspection**:
Notes |Disappearing Certificate of Registration
I met the people from this company at a friend's dinner, and I was hesitant when they first proposed to use my certificate to affiliate. But at that time, the family was in a bit difficult and needed money ......Recently, Du Mou, a member of China Southwest Architecture Design and Research Institute, said while recalling.
A few months ago,The Commission for Discipline Inspection of China Southwest Architectural Design and Research Institute received clues about Du's suspicion of hanging up evidence for remuneration handed over by the audit departmentDu's entry information shows that he has the qualification of a first-class constructor, but he is not registered in any unit. A subsequent investigation found thatDu cancelled the first-class constructor who was originally attached to a certain unit before joining the company, and after joining the company, he reinstated the certificate to another unit and received remuneration
The investigators found that Du has been conscientious and responsible for his work since he joined the company and is the backbone of the project technicians. But during the initial investigation, he did not recognize his mistake and made excuses for his violations. "This certificate is not beneficial to the company, and more or less I am a ...... that has no impact on the company at allI didn't charge much money, but it was actually equivalent to doing a favor to a friend. ”
It is understandable that there are difficulties in the family, but it is also necessary to earn benefits through legal and compliant channels. If everyone regards the 'certificated' part-time job as a 'money bag' to increase income, and still thinks that no one knows about their behavior, and even signs a false promise to deliberately conceal the fact of the 'certificate' part-time job from the company, what will become of the unit? If everyone doesn't follow the rules and cheat, what will happen to the unit? ”
While doing ideological work on Du, the investigators put the relevant management regulations of the unit on the table: "You are knowingly committing a crime and ignoring national laws and regulations and the rules and regulations of the unit on the management of registration certificates. ”
Realizing the seriousness of the mistake, Du began to confess his problems, and only then did he have the opening scene. In the end, Du was expelled.
After the investigation and handling of the case, the Commission for Discipline Inspection of China Southwest Design and Research Institute of Architecture, together with the human resources department, carried out a special inspection of the plug-in of the registration certificate, and at the same time interviewed the party organization where Du was located, and ordered the party organization to strictly investigate the behavior that disrupts the order of fair competition in the market industry such as the plug-in of employee certificates, deeply analyze the reasons for the case, implement the main responsibility of management, and do a good job of warning and promoting governance with the case. (Correspondent Shi Yi Hotspot Engine Project ||.)Editor-in-charge Zhou Zhenhua) 5,000 yuan per month for affiliation, and public employees of the Housing and Urban-Rural Development Bureau were punished for "hanging certificates".
In August 2023, the **Commission for Discipline Inspection and the State Supervision Commission** disclosed a certain place in the form of "Comic Chronicles".Case of Qi Mou, a public employee of the Housing and Urban-Rural Development Bureau, who was "getting paid".。Qi also put his ownFirst Class ConstructorThe professional qualification certificate is attached to the company of friends, andA monthly attachment fee of 5,000 yuan is charged in violation of regulations, subject to the partyWarning sanctions