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The company is suspected of fraud. How long will employees be released after being detained?
Legal analysis
The company is suspected of fraud. If it does not constitute a crime, the employee will be released within 37 days at most. If an employee is suspected of committing a crime, it may constitute fraud if the evidence is conclusive. It is generally impossible to be released, and people will be arrested directly. Generally speaking, administrative detention or criminal detention, if it is administrative detention, the single punishment will come out for up to 15 days, and the comprehensive punishment will last for up to 20 days; If it is criminal detention, the longest detention period is 37 days, and then there will be a result, either arrest or release. If the employees of the company have no direct supervisor or direct responsibility, and do not provide help to absorb public deposits, they do not need to bear criminal responsibility. If a company employee helps the company directly absorb deposits from the public and collects rebate fees, commissions and commissions from them, the company employee may be identified as an accomplice in the same crime and shall bear corresponding criminal responsibilities. Providing assistance for others to illegally absorb public funds, and charging them agency fees, benefit fees, rebate fees, commissions, royalty fees and other expenses, which constitutes illegal fund-raising, is a crime, and criminal responsibility shall be investigated according to law. Employees involved in crimes in the company will only be detained and released immediately after the investigation. If employees are involved in crimes, they will be sent to the procuratorate for review and prosecution after the detention expires, and finally handed over to the court for trial.
legal ground
Article 31 of the Criminal Law of People's Republic of China (PRC) where a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to punishment. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.
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