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Is bidding collusion a crime?

So will colluding bid go to jail? Collusion bid violates the provisions of the criminal law. If the circumstances are serious, you may go to jail, depending on the situation.

1. Crime of colluding in bidding The crime of colluding in bidding refers to the behavior of bidders colluding with each other in bidding quotation, which harms the interests of the tenderee or other bidders, or bidders colluding with the tenderee in bidding, which harms the legitimate rights and interests of the state, collectives and citizens, and the circumstances are serious.

article 223 of the criminal law provisions. if bidders collude with each other in bidding and quotation, thus harming the interests of the tenderee or other bidders, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. Bidders and tenderers who collude in bidding and harm the legitimate interests of the state, collectives and citizens shall be punished in accordance with the provisions of the preceding paragraph.

III. Defining the boundary between this crime and non-crime The boundary between the crime of colluding in bidding and the illegal act of colluding in bidding depends on whether the circumstances of the act are serious or not. If the circumstances are serious, it will constitute a crime. Otherwise, it will not be regarded as a crime. For what is serious, the Supreme People's Court should make a judicial interpretation. When determining whether the circumstances are serious or not, we should consider the factors such as whether the criminal means are bad, whether they refuse to change after repeated instruction, the result of the behavior and the social impact, and make a comprehensive judgment. The identification of the implicated behavior of this crime and bribery crime may be implicated in the crime of bribery, infringement of commercial secrets and other crimes while the perpetrator commits the crime of colluding in bidding, such as the bidder bribing the tenderee to allow specific economic benefits to induce him to disclose the pre-tender price, or the tenderee accepts bribes and discloses the pre-tender price and other commercial secrets. It can be seen that based on the characteristics of this crime, it is often possible to be involved in crimes. For this kind of implicated crime, because there is no special provision in the law, it should be dealt with according to law, and it is appropriate to judge it as a felony.

4. Punishment 1. The main features of the crime of colluding in bidding are special subjects, that is, limited to tenderers and bidders; At the same time, it is also the majority subject, because more than two people can constitute collusion; In addition, tenderers and bidders are generally legal entities, but they can also be individuals (Article 25 of the Bidding Law stipulates that bidders are legal persons or other organizations that respond to bidding and participate in bidding competition. If individuals are allowed to participate in the bidding for scientific research projects that are subject to bidding according to law, the provisions of this law on bidders shall apply to the individuals who bid. For the tendering agency and bid evaluation committee involved in collusive bidding, it constitutes the same crime with the tenderee and bidder involved in collusive bidding, and can also be the subject of this crime. Whether to determine the subject of natural person crime or unit crime in a specific case should be handled according to the provisions of the Supreme People's Court's Interpretation on Relevant Issues Concerning the Specific Application of Law in the Trial of Unit Crime Cases: companies, enterprises and institutions established by individuals for illegal and criminal activities commit crimes, or those whose main activity is to commit crimes after the establishment of companies, enterprises and institutions are not punished as unit crimes; Whoever embezzles the name of a unit to commit a crime, and the illegal income is divided among the individuals who commit the crime, shall be convicted and punished in accordance with the provisions of the Criminal Law on crimes committed by natural persons. 2. The object characteristics of the crime of collusive bidding are complex objects, which not only violate the interests of the state, the collective or the individual, but also violate the normal market competition order. 3. The subjective feature of the crime of collusive bidding is direct intention. Because the collusive actor has a clear intention to contact subjectively, with the purpose of crowding out others and actively pursuing this purpose, this subjective state can only be direct and intentional. 4. The objective characteristics of the crime of collusive bidding are manifested in various forms of collusive bidding mentioned above, and the specific circumstances are varied. According to the provisions of the criminal law, the crime of colluding in bidding is a plot crime, that is, it only constitutes this crime if the circumstances are serious. How to determine that the circumstances are serious can be dealt with in practice according to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases, that is, bidders collude with each other in bidding quotation, or bidders collude with the tenderee in bidding, which is suspected of one of the following circumstances, and should be prosecuted: it damages the legitimate interests of the tenderee, bidders or the state, collectives and citizens, resulting in direct economic losses of more than 511,111 yuan; Taking threats, deception or other illegal means against other bidders, tenderers and other participants in bidding activities; Although it does not meet the above-mentioned amount standard, it has received administrative punishment for more than two times because of colluding in bidding, and colluded in bidding. The above is the legal content about "Will you go to jail for colluding in bidding?" When bidding, you should not only consider the advantages and disadvantages of your own company, but also analyze the overall characteristics of the bidding project, and consider the quotation strategy according to the project category and construction conditions.