Criteria for filing the crime of malicious unpaid wages 2022

1. What is the standard for filing the crime of malicious unpaid wages?

1. In China, there is only the crime of refusing to pay labor remuneration, and there is no crime of maliciously demanding wages. Prosecution of malicious arrears of wages. The criteria for filing a case are:

(1) evading the payment of laborers' remuneration by transferring property, escaping, etc. ;

(two) have the ability to pay and not pay;

(3) The amount owed is relatively large;

(four) after being ordered by the relevant government departments to make corrections, they still do not pay.

2. Legal basis: Article 276 of the Criminal Law of People's Republic of China (PRC).

The crime of refusing to pay labor remuneration evades payment of labor remuneration by means of transferring property, escaping, etc., or fails to pay labor remuneration in a large amount, and still fails to pay after being ordered by the relevant government departments to make corrections, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs, but has not caused serious consequences, pays the laborer labor remuneration before bringing a public prosecution, and bears the corresponding liability for compensation according to law, may be mitigated or exempted from punishment.

2. What are the constitutive elements of the crime of refusing to pay labor remuneration?

1, the main elements of a crime. The subject of the crime of refusing to pay labor remuneration is the general subject, that is, enterprises and natural persons;

2. Subjective aspects of crime. The subjective intention of the crime of refusing to pay labor remuneration includes direct intention and indirect intention. That is, subjectively knowing that this kind of inaction of "not paying laborers' labor remuneration" will produce social harmful consequences that laborers can't actually get labor remuneration in time, but hoping or letting this consequence happen. Several situations that should be regarded as intentional:

(1) Those who explicitly refuse to act, that is, those who explicitly refuse to pay laborers' labor remuneration, should naturally be considered as intentional. Including arrears without justifiable reasons, whether for the purpose of illegal possession or not;

(2) Although it is said that it should be paid, if the act is actively implemented to make excuses for not paying, it shall be deemed as intentional. Transferring property without justifiable reasons, resulting in the illusion of inability to pay; The main person in charge of the employer or the staff who instigated the payment of labor remuneration fled, resulting in a false image of inability to pay; Or illegally deduct wages and fines.

3. Constitutive elements of the criminal object. The crime of refusing to pay labor remuneration is a dual object, which not only violates the property rights of workers, but also hinders the normal labor employment relationship and violates the market economic order.

4. The objective aspect of crime. The crime of refusing to pay labor remuneration is manifested in the objective aspects of crime: there are both harmful acts and harmful results, and there is a causal relationship between them in criminal law.