Unleash the constraints of "hanging cases" and provide solutions to problems - Yingkou, Liaoning: "Cleaning up" hanging cases+enterprise compliance "to make the development of involved enterprises more standardized

2023-04-17

After the case was filed, the enterprise was blacklisted and has been in a downturn in business operations. It was compliance inspections that brought the enterprise back on track. Recently, when Chen Chen, a prosecutor of the Yingkou Procuratorate in Liaoning Province, visited a company involved in the case, Wang, the person in charge of the enterprise, excitedly said. The Yingkou procuratorial organs have helped 32 magnesium product enterprises, who have been deeply involved in litigation for many years, to "loosen the ties" and "unblock the obstacles" through "case filing" clearance and enterprise compliance ". At the same time, based on the discovered regulatory loopholes, they have urged administrative regulatory authorities and industry associations to carry out industry rectification, promoting" industry compliance "through" case compliance ", allowing enterprises to move forward with ease and industry development to be more standardized. Proactively intervene and provide a definite response to the involved enterprise. From 2018 to 2019, Zhang, the person in charge of a magnesium industry company in Liaoning, and the person in charge of other magnesium product production and processing enterprises, totaling 32 people, virtual cash flow, payment of "tax points" for ticket purchases, and false issuance of value-added tax special invoices with denominations ranging from 50000 yuan to 1 million yuan, all of which were used for deduction without actual transportation business with multiple shell "invoicing" companies operated by Wu, Causing over 10 million yuan in national tax losses. In May 2019, the public security organs filed a case to investigate Wu's fraudulent issuance of value-added tax special invoices. Subsequently, the 32 enterprise leaders involved in the case were investigated and compulsory measures were taken to obtain bail pending trial. In November 2020, the public security organs recovered all the deducted funds. However, the investigation of the case has been delayed and has been suspended for over three years. The enterprise involved in the case of Wu falsely issuing value-added tax special invoices has over 900 employees. The pending "hanging case" not only concerns the case, but also the future and destiny of the enterprise. The person involved in the case, Zhao, is the person in charge of a certain refractory company. After the case was filed, the issuance of invoices by the enterprise was subject to various restrictions, making transactions with downstream purchasing enterprises very inconvenient. The subsequent litigation risks also made him uneasy and he never dared to let go of his business. In February 2022, the Yingkou District Investigation Supervision and Cooperation Office was established, with a focus on clearing up cases involving private enterprises. The procuratorial organs, relying on the investigation and supervision platform, found clues of 32 people including Zhang falsely issuing value-added tax special invoices and "hanging the case" by reviewing the public security organs' accounts and querying the system's case cards. In August of the same year, the Yingkou City Procuratorate and the Zhanqian District Procuratorate collaborated to dispatch personnel to intervene in this series of cases, guide investigation, improve evidence collection, and visit administrative departments such as the Enterprise and Market Supervision Administration, Tax Bureau, etc. to conduct on-site inspections of the company's business status. After fully understanding the situation of the case, the procuratorial organ and the public security organ held in-depth discussions and decided to implement measures based on the case. For cases with insufficient evidence and inability to verify, it is recommended that the public security organ revoke the case in accordance with the law; Timely guide the public security organs to supplement evidence for cases that meet the conditions for transfer and prosecution, transfer for review and prosecution, and quickly activate the green channel for cases involving private enterprises to complete case acceptance as soon as possible. By the end of August 2022, all 32 cases involving private enterprises had been cleared, of which 13 were dismissed by the investigation authorities and 19 were transferred to the procuratorial organs for review and prosecution. Applying the right medicine to the case, "sick" enterprises can receive "judicial rehabilitation". For enterprises involved in cases that have been transferred for review and prosecution, how should the procuratorial organs "treat and rescue" the disease

Edit:Ying Ying    Responsible editor:Jia Jia

Source:jcrb.com

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