"Zero tolerance" for securities futures illegal crimes!The procuratorial organs have increased the strong signal of continuously releasing the case

Continue to release illegal crimes against securities futures

"Zero tolerance" signal

——The Prosecutor's Office of the Supreme Procuratorate to promote the guarantee of the capital market with better procuratorial performances

Since 2021, the procuratorial organs have sued a group of listed companies in accordance with the law and disclosed major cases of financial fraud and disclosed in violation of regulations. A number of major cases of illegal transactions using inside information ... The attitude of "zero tolerance" on securities and futures illegal crimes is full.

In fact, in terms of cracking down on securities and futures illegal crimes and creating a good environment for the healthy development of the capital market, the pace of the procuratorial organs does not only stay here. On September 18, 2021, the Procuratorate of the Supreme People's Procuratorate in the China Securities Regulatory Commission (hereinafter referred to as the "Procuratorate in the Society") was officially established. While increasing the strength of the case and guiding the guidance, it continued to release to the capital market to the capital market The procuratorial organs have a strong signal of "zero tolerance" of securities crimes.

Strengthen the case handling of cases in key areas

"Handling a case and governance"

Data show that in 2021, the procuratorial organs sued 229 of securities and futures crimes, an increase of 94%year -on -year. Behind the year -on -year increase in the number of prosecutors, on the one hand, the amendment to the Criminal Law (11) has gradually appeared on the legislative level of punishment for securities illegal crimes. On the other hand, it also reflects the strict implementation of the procuratorial organs' strict implementation The General Office and the General Office of the State Council "Opinions on Stringing Strict Securities Illegal Activities in accordance with the law", with the situation of "zero tolerance", strictly punish securities illegal criminal activities in accordance with the law, and promote the handling of cases in key areas.

At the same time, this has also been closely related to the establishment of the case and the guidance of the following guidance since the establishment of the Procuratorate of the Subtraction. It is precisely at the requirements of the highest procuratorate that the procuratorial organs handling cases actively assume the leading responsibilities of criminal proceedings, strengthen legal supervision, and achieve remarkable results.

It is the core work duties of the procuratorial office of the procuratorial office in the procuratorial office of the local procuratorate. It is understood that after the establishment of the Procuratorate in the Society, the procuratorial organs fully fulfilled their procuratorial functions and handled a number of major cases of securities and futures illegal crimes. Guide local procuratorial organs to handle financial fraud cases such as Kangmei Pharmaceutical, Kangdexin, and Xizi Island that highly concerned about the society, as well as major cases of manipulating securities markets such as Beiba Dao and Zheng.

It is reported that the Procuratorate of the Society held 30 cases to the procuratorial organs of various places and 206 cases were assigned. "One", take the symptoms and the work to do deeper into practice, and promote the prevention of illegal and problem -solving from the source.

For example, the procuratorate sued a group of intermediary agencies to actively cooperate with counterfeiting and serious irresponsible cases. In response to major misconducts in the issuance of securities in the registered accounting affairs, the Shanghai Procuratorate issued procuratorial suggestions to the China Registered Accountants Association. Promote blocking vulnerabilities.

In the Kangmei Pharmaceutical case handled by the Guangdong Procuratorate, the procuratorate involved in the investigation and guided the public security organs to comprehensively collect Kangmei Pharmaceutical and its controlling shareholders 'capital transfer, information disclosure, stock transaction situation, combined with financial reports, audit reports, parties' confession, etc. Evidence, in accordance with the law, identify the bribery of Kangmei Pharmaceutical and actual controller Ma Xingtian and others in violation of regulations, not disclosing important information, and manipulating the securities market. After prosecution was prosecuted in accordance with the law, the court sentenced Kangmei Pharmaceutical to 5 million yuan, and Ma Xingtian was sentenced to twelve years in prison. The other 11 were convicted.

"The successful handling of this case shows the determination and strength of the procuratorial organs to strictly crack down on securities illegal activities in accordance with the law and resolutely maintain the reform of the capital market and the deepening of reform and healthy development." The person in charge of the Fourth Procuratorate of the Supreme Procuratorate said.

Establish and implement the case assignment system

Cracking the dilemma of the supervision without grasping

In November 2019, Zheng and others made a conspiracy and decided to manipulate stock profit. Zheng Mou and others raised funds to discuss with Wan Mou and others, a shareholder of a certain Holdings Co., Ltd., and other people. Service to support Zheng's manipulation of stocks.

In order to sell the increased stock price, Zheng also hired the stock market "black mouth" Chen and others to induce other securities investors through public evaluation and recommendation stocks in a financial live broadcast room and other online platforms. Buy and pay Chen Mou and others to pay a commission of 0.30 million yuan.

With the cooperation of Wan, Chen and others, Zheng Mou, from November 15, 2019 to September 15, 2020, concentrated the advantages of the capital and manipulated 2 stocks, and illegally made more than 217 million yuan.

On August 26, 2021, the Procuratorate of Liaoning Province filed a public prosecution to 17 people such as Zheng Mou and other 17 people such as suspected manipulating the securities market.

Illegal molecules use new media platforms such as webcasting, WeChat groups, and investment forums to illegally recommend stocks and grab hats. The implementation of illegal crimes is one of the current emerging criminal methods. According to reports, the current illegal crime in the securities and futures field is still in a high incidence, and the major cases of social concern are frequent; market players have lost their duties, and there are many types of participants; With the continuous development of the capital market, securities and futures illegal crimes have shown new characteristics and trends, which increases the difficulty to handle the case.

Not only that, in recent years, with the strengthening of the anti -investigation capabilities of financial crimes, the difficulty of collecting evidence of securities and futures crimes has also increased. The problems of inconsistent law enforcement judicial standards, inadequate evidence foundation, and the differences in the deployment of securities crime cases in various places have also troubled the case handling personnel. In the face of the above problems, how can the procuratorial room break the situation? The answer is to explore the establishment of a system of securities crime cases for procuratorates, requiring the provincial and municipal procuratorates to fulfill the leading responsibilities of criminal proceedings, intervene in investigations and guidance to obtain evidence, and perform legal supervision functions in accordance with the law.

It is understood that since the Supreme Procuratorate has assigned securities crimes against the procuratorates in various places, the local procuratorates have actively communicated with the local public security organs to implement the requirements of the assignment system.

In response to the case -off cases, the procuratorial organs researched and judged the investigation direction and the method of collecting evidence in accordance with the characteristics of securities and futures cases, and guided the public security organs to collect evidence in accordance with the criminal composition and criminal procedure law stipulated in the criminal law. Fully collect evidence to ensure the quality of case handling.

In the process of accusing the proof, the procuratorial organs will follow the rules of evidence in accordance with the rules of evidence in accordance with the rules of evidence in accordance with the rules of evidence in accordance with the rules of evidence. The time of time, the degree of transaction departure, and the degree of interest associations are comprehensively analyzed and judged, and the certification system is constructed. This means that even if the suspect or the defendant does not provide the facts of the crime, other cases can form evidence chain in case evidence. Comprehensive evidence of the case can exclude reasonable doubts, the facts of criminal facts can be identified, and criminal liability is investigated in accordance with the law.

Improve the specifications of case handling

Unified law enforcement judicial standards

On April 29, 2022, the Ministry of Public Security and the Ministry of Public Security issued the revised "Regulations on Criminal Case Pilotting Cases (II)" after the revised public security organs. Unified law enforcement judicial standards.

According to the person in charge of the Fourth Procuratorate of the Supreme People's Procuratorate, the Supreme Prosecutor will continue to introduce documents such as judicial interpretation and guidance opinions on the case of securities and futures crime cases with many difficulties and controversy. At the same time, the establishment of improvement of cases is established, summarized while handling cases, continuously compiled typical cases, instructive cases, and played the leading and demonstration role of cases.

The reporter learned that, in addition to unifying law enforcement judicial standards, in the handling of the case, the procuratorial organs also strengthened the cooperation and supervision of the cooperation with the securities regulatory authorities, the public security organs, and the trial authority, and established a sound information sharing, consultation consultation, early intervention and other working mechanisms to promote promotion. Implement the "two -way connection" of the administrative law enforcement of securities cases and criminal justice, increase the illegal and criminal violations of punishment of securities and futures, and work together to pass the strong signal of "zero tolerance" to the capital market.

Professional team construction and information platform construction work is also being promoted. The Supreme Prosecutor's deployment of securities futures cases properly concentrated their jurisdiction, set up 7 procuratorate securities and futures crime case bases in the country, established a special case handling team to give full play to the professional level of the base in professional case handling, crime prevention and cutting -edge issues. Concentrate the case of difficult and complicated securities crimes. (Single pigeon)

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