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18 people arrested in the power health case, what penalties may be faced

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18 people arrested in the power health case, what penalties may be faced -18-people-arrested-in-the-power-health-case-what-penalties-may-be-faced

Headquartered in Quanjian Natural Medicine Industrial Base, No. 1, Quanjian Road, Wuqing District, Tianjin.澎湃News reporter Zheng Chaoyuan

The latest development of the Quanjian case is that the company’s actual controller, such as Shumou, has been detained.

According to the WeChat public account “Tianjin Daily” on January 7th, the reporter learned from the “Jianjian Incident” and other joint investigation teams that Quanjian Natural Medicine Technology Development Co., Ltd. actually controlled people such as Shumou and other 18 suspects have been legally Criminal detention.

On January 1, 2019, the Tianjin Public Security Bureau filed a lawsuit against Quanjian Natural Medicine Technology Development Co., Ltd. for allegedly organizing and leading the crime of pyramid schemes and false advertising. On January 2, Zhu Mou, suspected of illegal medical practice at Quanjian Cancer Hospital, filed a case investigation. As of January 7, 18 criminal suspects such as Shumou (male, 51 years old, the actual controller of Quanjian Company) have been criminally detained according to law, and the other two suspects were released on bail according to law. Related work is underway.

“The actual controller of the 51-year-old Quanjian company” points to the founder and chairman of Quanjian Group, Shu Huihui. The latest developments officially disclosed have also broken the rumors that the outside world was running on Shu Huihui.

So, what kind of punishment may be faced for organizing, leading crimes of pyramid schemes and false advertising?

On January 2, the journalist had interviewed several lawyers.

At that time, Zhang Xinxin, a lawyer from Beijing Jingshi Law Firm, said that the popularization of “MLM crime” and “false advertising crime” is “organization, leadership and pyramid scheme” as stipulated in Article 224 of the Criminal Law of the People's Republic of China. “Activity crimes” and “false advertising crimes” as stipulated in Article 220 of the Criminal Law of the People's Republic of China.

Zhang Xinxin said that if Quan Jian Company was suspected of being guilty, it would also violate the crime of organizing and leading pyramid schemes and false advertising, and the two should be convicted separately and then combined and punished.

Attorney Jie Ruisong of Beijing Dongwei Law Firm once said that according to the provisions of Article 224 of the Criminal Law, the organizers and leaders of the pyramid scheme should be sentenced to fixed-term imprisonment of five years or less and punished. gold. If the pyramid scheme of Quanjian Company meets the criteria for the determination of “serious circumstances” in the Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security on Handling the Laws Applicable to Criminal Cases of Organizing Leading MLM Activities, then the pyramid scheme should be The organizers and leaders are sentenced to five years in prison and fined.

Xie Ruisong said that in the sentence of “organization, leadership of pyramid schemes”, if its organizers and leaders meet the “serious circumstances” criteria, and there are other criminal acts, and several crimes combined, the maximum fixed-term imprisonment may reach 25 years.

Attached to the news on January 2, “Wen Jian is suspected of pyramid schemes, false advertising crimes were investigated, lawyers said the leader can be sentenced to 25 years.”

The power of the 10 billion health empire that has been deeply entangled in the outside world has ushered in the investigation of the public security organs.

According to the news of the Jinyun client on January 2, since the joint investigation team of the “Qianjian Incident” entered the station, after investigation and evidence collection, the incident handling work has made staged progress. According to the joint investigation team, through the preliminary work, Quanjian Company was suspected of pyramid selling crimes and suspected false advertising crimes in its business activities. The public security organs filed investigations on suspected criminal acts on January 1, 2019. At the same time, the relevant departments have investigated and punished fire-fighting health-care places that do not meet the fire safety regulations, and carried out special actions to focus on clean-up and rectification of health care products.

Then, Quan Jian is suspected of “MLM crimes” and “false advertising crimes”. If he is convicted, how should he be sentenced?

According to Zhang Xinnian, a lawyer from Beijing Jingshi Law Firm, the popularization of “MLM crime” and “false advertising crime” is the crime of “organization and leadership of pyramid schemes” as stipulated in Article 224 of the Criminal Law of the People's Republic of China. “, and the “false advertising crime” stipulated in Article 220 of the Criminal Law of the People's Republic of China.

Zhang Xinxin said that if Quan Jian Company was suspected of being guilty, it would also violate the crime of organizing and leading pyramid schemes and false advertising, and the two should be convicted separately and then combined and punished.

“Organize, lead the pyramid scheme crime”

Maximum prison term up to 25 years

Mr. Jie Ruisong, a lawyer from Beijing Dongwei Law Firm, interprets and judges that “organization and leadership of pyramid scheme crime” has two core points.

The first is to name the business activities such as selling goods and providing services. Participants are required to pay a certain fee or purchase certain products or services to obtain the qualification to join.

The second is to form a hierarchy, and then directly or indirectly get paid by the number of development personnel, and to induce participants to continue to develop others and defraud social finances by means of inducement or coercion. When the number of people reaches 30 or more and the level reaches level 3 or above, it can be judged as a pyramid scheme organization, and its leaders and organizers should be held criminally liable.

Zhang Xinxin said that according to the provisions of Article 224 of the Criminal Law, the organizers and leaders of the pyramid scheme should be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and fined. If the pyramid scheme of Quanjian Company meets the criteria for the determination of “serious circumstances” in the Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security on Handling the Laws Applicable to Criminal Cases of Organizing Leading MLM Activities, then the pyramid scheme should be The organizers and leaders are sentenced to five years in prison and fined.

Xie Ruisong said that in the sentence of “organization, leadership of pyramid schemes”, if its organizers and leaders meet the “serious circumstances” criteria, and there are other criminal acts, and several crimes combined, the maximum fixed-term imprisonment may reach 25 years.

“false advertising crime”

The supervisor may be sentenced and the company may be revoked of the business license

For “false advertising crimes”, Xie Ruisong said that its main behavioral feature is to violate the provisions of national advertising management regulations and use advertisements to make false publicity about the goods or services provided by them, including the nature, use, quality and price of the products. , efficacy and after-sales service. Jie Ruisong said: “For example, it does not have this effect, and then propaganda has a certain effect. Similar propaganda is a false propaganda.”

In terms of the sentence for “false advertising crimes”, Zhang Xinxin believes that in this case, Quanjian Company as a unit should impose two penalties if there is a criminal act.

A fine is imposed on the unit, and the person in charge and other responsible persons directly responsible for it shall use the advertisement to make false propaganda on the goods or services in accordance with the provisions of Article 222 of the Criminal Law. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of two years or less. Criminal detention, or a single penalty. After penalizing the above two crimes, they will be punished according to the provisions of Article 69 of the Criminal Law for several crimes.

At the same time, according to Articles 8 and 20 of the Anti-Unfair Competition Law and Article 55 of the Advertising Law, the units that commit crimes will also face penalties imposed by the supervision and inspection department or the suspension of the business license.

Then, in terms of the operation of advertising and publicity, Quanjian Company has met the criteria for determining the “severe serious situation”?

Xie Ruisong said that if it is “long-term implementation” and “in a larger scope”, for example, the country or the province will regularly carry out illegal publicity, or there will be more victims, or the victim will use the false propaganda products to cause personal injury. Damage or even death are all “serious circumstances” and should be held accountable for false advertising crimes.

Dealers as “shields” to increase the difficulty of obtaining evidence

Zhang Xinxin said that since “smuggling crime” and “false advertising crime” are both criminal offences, criminal evidence should be used in the process of obtaining evidence and conviction.

Article 55 of the Criminal Procedure Law stipulates that the standard of proof of “excluding reasonable doubt” is adopted in criminal cases. This kind of proof standard is far higher than the “highly probabilistic” proof standard in civil.

In the past civil cases involving Quan Jian’s infringement, the use of “highly probabilistic” is far below the “exclusion of reasonable doubt”, but it is difficult to determine the responsibility of Quanjian’s company. And retreat. Therefore, in the investigation of the case, whether the evidence obtained can form a complete chain of evidence, whether the proof of the corresponding evidence can meet the criminal proof standard will be a key issue.

Xie Ruisong also believes that in the core issues of the “organizational model”, “profit model” and “management of personnel” of the forensic pyramid scheme, in this case, because there are more people involved and a wider scope, it will be difficult to obtain evidence.

In addition, Quan Jian retired all over the body, mostly because the dealer was found as a “shield”. Zhang Xinnian believes that this public security organ may also encounter the same rhetoric of Quanjian Company when it files a lawsuit against the criminal acts of power and crime. Zhang Xinxin said that under the current legal system in China, dealers are difficult to link with enterprises. Therefore, in the process of obtaining evidence and conviction, it is necessary to find sufficient evidence to prove that Quanjian has a significant relationship with its dealers, thus breaking Quan Jian’s “shield”. At this point, it also increases the difficulty of obtaining evidence and conviction in the case.

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