2021-06-20

Caoxian County, Shandong: Use Criminal Policy to Rescue Private Enterprises

By yqqlm yqqlm

For the “rice bowl” of 150 migrant workers

Shandong Caoxian: Use criminal policies to rescue private enterprises

Caoxian County, Shandong: Use Criminal Policy to Rescue Private Enterprises

During the handling of the case, the prosecutor walked into the workshop of the company to understand the status of production and operation.

“Thank you for the good policy of the party! The money I owe is paid back! The factory is saved! The jobs of my 150 employees are saved!” Recently, the prosecutor of the Second Prosecution Department of the Cao County Procuratorate of Shandong Province On a return visit to a private wood product processing enterprise that was not prosecuted, Liu Shunde, the legal representative of the enterprise, said excitedly, holding the hand of the prosecutor.

Cao County, located in the southwestern region of Shandong Province, is a well-known “wood art capital”. There are more than 6,000 wood art companies in the local area and 300,000 people in the wood processing industry. It is one of the top three hundred billion in the country. One of the wood product industry clusters. Liu Shunde was originally a local carpenter, and later founded his own wood product processing enterprise-Caoxian Deshun Woodcraft Co., Ltd.

In March 2017, in order to expand the scale of production and operation, the company provided false financial statements and other materials when applying for a loan from Caoxian Rural Commercial Bank, and obtained a loan of 3.5 million yuan. The bank caused heavy losses.

In July 2018, Caoxian Rural Commercial Bank reported to the public security organs after repeated unsuccessful collections. The public security organs filed a case for suspected loan fraud and imposed compulsory measures against Liu Shunde on December 25 of the same year. He was later released on bail pending trial. As of the end of the investigation, Liu Shunde had repaid the loan principal of RMB 2.072 million.

On January 19, 2020, the case was transferred by the local public security agency to the Cao County Procuratorate for review and prosecution. After questioning by the prosecutor handling the case, the company was almost paralyzed since Liu Shunde was filed for investigation. Although Liu Shunde took the initiative to plead guilty and pleaded guilty, and was willing to actively return the principal and interest of the loan, he was unable to raise all funds at once due to operating difficulties. The sudden new crown pneumonia epidemic made the company worse.

“At that time, we knew that there was an accident in the factory, and our workers’ hearts were cold. I was originally a poor household. After I entered the factory, I gained income and got out of poverty. Seeing that the days have hope, I didn’t expect to…immediately. The New Year is about to be paid, but the salary cannot be paid.” Tears flashed in the eyes of the villager Li Guixiang who worked in the company when facing the visiting prosecutors.

“We have carried out social surveys on the company and Caoxian Rural Commercial Bank for many times. The company has been operating in good condition before the incident, and has also opened a poverty alleviation workshop to attract local poor households to work in the factory to help the people get rid of poverty. It has a certain influence locally.” Cai Zhongsheng, the prosecutor who undertook the case and the director of the Second Prosecution Department of Cao County Procuratorate, introduced.

“Many of my employees have worked with me for more than ten years. The government has supportive policies for small businesses like us. At that time, I wanted to take the opportunity to lend more money to expand operations. The factory would be better, everyone. My income is also a little higher. I am also a farmer and my education level is not high. As a result, I took a crooked path and hurt everyone.” During the interrogation, Liu Shunde regretted it.

How to find a balance in resolving major financial risks, safeguarding the vital interests of the people, and protecting private enterprises?

“After reporting to the chief prosecutor, we made full use of our criminal policy, started from serving the’six stability, six guarantees’, and focused on recovering economic losses. We decided to review and prosecute within one year. Do not rush to file a public prosecution and reserve more time for the company to raise funds and return the loan within the scope permitted by law. We have repeatedly subpoenaed Liu Shunde and invited his defender to be present to publicize and explain the new criminal policy to him and encourage him to take the initiative to create Conditions for non-prosecution.” Cai Zhongsheng said.

The prosecutor’s patient preaching convinced Liu Shunde to “assure his mind.” During the release of guarantee pending trial, Liu Shunde laid down his burdens and led the company’s employees to actively invest in production and raise funds, and convert export orders that were greatly affected by the epidemic to orders for the production of domestic wooden wine boxes and handicrafts, and all the remaining loans were paid off during the review and prosecution period And interest.

“The procuratorial agency helped us recover the stolen goods in a timely manner, prompting the company to reach a repayment agreement with us, and gradually repay the remaining loan principal and interest. It also invited the responsible comrades of our unit to discuss the new criminal policy and prosecution. The agency’s concept of addressing major financial risks and protecting private enterprises is equally important. At the same time, the procuratorial agency issued procuratorial recommendations to us to help plug regulatory loopholes and achieve a win-win and win-win situation. We understand the company’s fraudulent loan behavior and no longer require it to be held accountable. Criminal responsibility.” Xu Juan, general manager of the credit management department of Caoxian Rural Commercial Bank, told reporters.

It is understood that after receiving the procuratorial advice, Caoxian Rural Commercial Bank has carried out a series of rectifications on its credit work in terms of strengthening system learning and training, strengthening staff management, optimizing and regulating post-loan management, etc., and spared no effort to avoid similar The case happened again.

According to the facts of the whole case, comprehensively considering the company’s loan motives and the progress of recovering the damages, the Procuratorate of Cao County Procuratorate determined that the case was a unit crime in accordance with the law and minimized the damage to the entrepreneur. influences. At the same time, combined with Liu Shunde’s lenient plot of confession and punishment, objectively evaluated the social harm and possibility of reoffending, determined that Liu Shunde’s crime was minor and did not need to be sentenced or exempted from punishment in accordance with the law, held prosecution hearings, and extensively solicited the victimized unit and society Opinions from all walks of life. In the end, the Cao County Procuratorate made a decision not to prosecute the case on December 31, 2020.

Since March this year, the institute has combined with the education and rectification work of the political and legal team, “I do practical work for the masses” practice activities, and has revisited the private enterprises that have made the decision not to prosecute to track and understand the business situation of the enterprises.

In a return visit to the company, the police officers learned that the company is actively recruiting local poor households to work in the factory. Currently, it has 150 employees and an annual output value of more than 30 million yuan, which continues to contribute to the economic and social development of Cao County.

“Popular sentiment is the greatest politics. In this case, we implemented the concept of fewer arrests, prudent prosecution and detention, implemented the criminal policy of combining leniency and strictness, responded to the demands of the masses in a timely manner, handled cases involving enterprises prudently, and escorted the healthy development of private enterprises. With the actual actions of the procuratorial organs, the party’s ruling foundation has been strengthened,” said Lu Qiyan, the chief prosecutor of the Cao County Procuratorate.

“From a carpenter to a private business owner, it is not easy for me to empathize, but only by observing disciplines and laws can the company truly become bigger and stronger. The 3.5 million loan involves the jobs of 150 employees. The agency finds the best balance between the life and death of the enterprise, the livelihood of the masses, and the standards of the law. The Cao County Procuratorate based on its procuratorial function and escorting the development of private enterprises has truly implemented the party’s good policies on the hearts of the masses. It is worthy of praise!” Tan Wang Yinxiang, a representative of the National People’s Congress and chairman of Shandong Yinxiang Weiye Group, spoke highly of the handling of this case.

(The parties involved in the case and the private enterprises are all pseudonyms)