Guide for prevention and control of criminal legal risks in construction and real estate industry

After trial, Taizhou intermediate people’s court rejected the appeals of Appellants (defendants of the original trial) Wang, Ni and Guan and upheld the original judgment.

Facing the increasing trend of entrepreneur crime year by year, the crimes involved by entrepreneurs run through the whole production and operation process of enterprise establishment, production and sales, investment and financing, financial management, human resources and bankruptcy liquidation, corresponding to more than 170 charges stipulated in the criminal law.

Therefore, it is also a high incidence field of criminal crimes.

The low-temperature radiant electric heating film used does not meet the requirements of national industrial standards, which may cause potential safety hazards.

The cause of the fire was the failure of the conductive part of the electric heating film on the wall at the northwest corner of the sweat steaming room, resulting in local overheating, and the electric heating film was covered by polystyrene insulation layer Aluminum foil reflective film and wood decoration materials lead to poor heat dissipation, heat accumulation, continuous temperature rise, ignition and spread of surrounding combustibles.

On August 26, 2014, the defendant Wang, on behalf of Dongmou company and Yifu Shangtang company, signed a decoration project construction contract of contracting labor and materials with Li, the person in charge of Zuxin hall, and constructed the Zuxin hall with a total area of 1104 square meters according to the brand standard of “Han steam world”, including adding 3 sweat steam rooms on the first floor.

On July 10, 2012, the defendant Wang registered and established Dongmou company and served as the legal representative.

635 on July 26, 2010, the defendant Wang registered and established Yifu Shangtang company and served as the legal representative.

After the completion of the project in December 2014, the defendants Wang, Ni and Guan failed to conduct the completion acceptance of Zuxin hall as required.

After the judgment of first instance, all three defendants appealed.

He is a perennial legal adviser to many government organs, enterprises and institutions.

While handling cases, he is committed to the research on enterprise criminal risk prevention and control, and has held criminal risk prevention and control training for enterprises for many times- Jingshi law firm boutique business series – “enterprise criminal legal adviser” analyzes the current situation of criminal legal risks of entrepreneurs based on judicial case data, comprehensively analyzes the criminal legal risks of all links of enterprise production and operation, selects typical cases of enterprises often involving high-frequency crimes, and puts forward relevant risk warnings to help enterprises build a criminal legal risk prevention and control mechanism for high-risk criminal cases Several types of enterprises with different natures have issued guidelines for criminal risk prevention and control.

Major safety accident case No.: (2018) zhe 10 Xing Zhong No.

The defendant Guan organized an engineering team without professional training to carry out construction according to the construction drawings provided by the company.

The construction industry often has the characteristics of low employment threshold, large social demand, large investment amount, high profit, many links, many upstream and downstream enterprises and units, complex interest subjects and obvious interest conflicts.

He is good at handling company disputes and criminal cases.

The legal family’s wechat store has launched a hot spot sale in progress ━ ━ ━ the field of construction engineering is related to all aspects of social life and is of great significance to national employment, safety and the benign and effective operation of the whole social economy.

The licensed business projects include engineering survey and design and professional contracting, and the general business projects include home decoration.

Yifu Shangtang company and a company in the East have not obtained the professional contracting qualification of building decoration and decoration engineering and the professional contracting qualification of fire-fighting facilities engineering.

The Fire Department of Zhejiang Provincial Public Security Bureau confirmed that the fire site was the second sweat steaming room in the north of the northwest of the first floor of zuxintang, and the fire point was at the north end of the north wall and west wall of the second sweat steaming room in the north.

This ruling is final..

After the addition of the sweat steaming room in Zuxin hall, it began its business without fire control approval.

According to the appraisal of Zhejiang Fangyuan Testing Group Co., Ltd., there are serious defects in the design and construction of zuxintang low-temperature radiant electric heating film heating system.

From the examination and approval of construction projects, project approval to construction mobilization, to the handling of local affairs, capital stage, interest distribution and other links, it is accompanied by criminal risks such as collusive bidding, forging company seal, bribery, refusing to pay labor remuneration, making trouble, gathering people to fight, extortion, false litigation, false Invoicing, major liability accidents and so on, Risks are surging( 1) Major safety accident crime [case] case: Wang et al.

The judgment of the people’s Court of Tiantai County, Zhejiang Province is as follows: (1) the defendant Wang committed the crime of major safety accident and was sentenced to fixed-term imprisonment of 6 years and a fine of 200000 yuan( 2) The defendant Ni Moumou committed the crime of major safety accident of the project and was sentenced to fixed-term imprisonment of 5 years and a fine of 180000 yuan( 3) The defendant Guan committed the crime of major safety accident of the project and was sentenced to fixed-term imprisonment of 4 years and 6 months and a fine of 160000 yuan.

This book takes entrepreneurs and enterprise executives as the research subject, and takes the criminal justice cases published on China judicial documents network as data samples to analyze the current situation of criminal risks of entrepreneurs and enterprise executives, and warn entrepreneurs and executives of the necessity and importance of criminal legal risk prevention and control; From the perspective of enterprise production and operation, it comprehensively describes the criminal legal risks of all links of the enterprise; Combined with typical cases, this paper expounds the criminal risk points of enterprises with high incidence of criminal cases, and puts forward targeted and feasible prevention and control measures- Ling Zhenghu – Ling Zhenghu, with a master’s degree from Renmin University of China, is a partner of Beijing Jingshi (Shenzhen) law firm, director of the Legal Affairs Department of drug crime defense, deputy director of the legal service center for military transferred lawyers, and a part-time teacher of military theory at Sun Yat sen University.

After the defendant Wang drew the plan, he handed it over to the company’s design department to make the plan and effect drawing, and assigned the defendant Guan who did not obtain any qualification to be responsible for the decoration of Zuxin hall, and the defendant Ni to be responsible for the procurement of materials, distribution of materials and construction technical guidance.

Li and others obtained the fire certificate of foot bath by arranging the sweat steaming room into foot bath boxes and sundry rooms, and then resumed the sweat steaming business without authorization.

After passing the inspection by the public security fire brigade of Tiantai County, it was ordered to stop business.

According to the “2.5” major fire accident investigation team of Taizhou Tiantai foot Xintang foot bath center, the defendants Wang, Ni and Guan were mainly responsible for the accident.

The article is excerpted from lawyer Ling Zhenghu’s newly published book enterprise criminal legal adviser.

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Today’s tweet enumerates the criminal legal risks involved in construction and real estate enterprises as examples.

He once served in the Sichuan Provincial Armed Police Corps and engaged in the lawyer profession in 2013.

At about 17:20 on February 5, 2017, a major fire accident occurred in Zuxin hall, resulting in 18 deaths, 18 injuries and 16 household houses damaged.

Identified by the Judicial Expertise Center of Tiantai County Public Security Bureau, 18 dead died of carbon monoxide poisoning or burning.

The defendant Ni served as the deputy general manager in charge of the engineering department.

When decorating the sweat steaming room, he laid the electric heating film distributed by the company and non-woven fabrics without flame-retardant treatment.

The biggest risk of entrepreneurs is criminal legal risk.

Instead, they carry out the design and decoration of sweat steaming bath, beauty salon and other places according to the brand standard of “Han steaming the world”.

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