Recently, a Rashomon incident between Tencent and Lao Gan Ma has attracted attention from all walks of life. Tencent requested to seal up and freeze more than 16.24 million yuan of Lao Gan Ma's property on the ground that Lao Gan Ma was in arrears with advertising fees.
Tencent said that Lao Gan Ma had put tens of millions of yuan in advertising on Tencent, but ignored the contract and was in arrears for a long time. Lao Gan Ma Company retorted that it had never conducted any commercial cooperation with Tencent.
After investigation, the culprit turned out to be a fake seal. Three suspect forged the Lao Gan Ma company seal and pretended to be the manager of the company's marketing department to sign a cooperation agreement with Tencent. Tencent did not strictly review the signing of cooperation, leading to omissions, which led to the dispute.
In our daily life, it often happens that company seals, People's organization 'seals or business seals are counterfeited. And such events often emerge endlessly and cannot be prevented. It has become a current trading practice to sign contracts without verifying the authenticity of official seals.
So does forging a company seal constitute a criminal act?
According to the Criminal Law, as long as the crime of forging the seals of companies, enterprises, institutions and People's organization is a criminal offence, the perpetrator's act of forging the seals constitutes a crime.
Article 280 (2) of the Criminal Law
Whoever forges the seals of a company, enterprise, institution or People's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or Civil death and shall also be fined.
Article 67 of the Criminal Law
Those who voluntarily surrender after committing a crime and truthfully confess their crimes are considered to have voluntarily surrendered. Criminals who voluntarily surrender can be given lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment.
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Frequently Asked Questions
1. Does engraving one's own seal constitute the crime of forging a company seal? Does engraving one's own seal constitute the crime of forging a company seal
There are two opinions on this issue. The first view is that the provision stipulates "forging seals", not "forging others' seals". As long as there is no approval and filing, and the relevant provisions of seals are not followed, it hinders social management order and constitutes the crime of forging seals. From the perspective of the articles, it should be considered a criminal act, therefore, forging one's own company seal should also constitute the crime of forging a company seal.
The second opinion holds that the object of the crime of forging a company seal is not a single object, and the company's own private carving of the seal usually does not infringe on the company's interests. More importantly, the company's privately engraved seal still has the same identity as the company, and is not "falsely used" and should not be evaluated as "forged". The act of committing a crime is not accomplished immediately. This kind of behavior needs to go through a process of implementation and reach a certain level. If it is only evaluated as a crime by engraving a seal privately, then the establishment of relevant provisions in the Public Security Punishment Law is meaningless.
2. Is it a criminal act to only forge and not use it
If the seal is forged and kept in private without use, there is no way to harm the company's interests and reputation.
3. Is it necessary to forge a company seal as a physical seal
A seal is an official seal or specialized seal that indicates the subject in writing and graphics. It is a symbol and mark used by a unit to exercise and manage its own affairs, assume legal rights, obligations, and legal consequences to the outside world. Therefore, the most crucial aspect of a seal is not the carrier, but the text and graphics that can reflect the subject. Forgery of electronic seals, or the use of seal cutting, all belong to the act of forging seals.
4. Does forging a fictional company seal constitute the crime of forging a company seal
Only when a company truly exists can it bear legal rights and obligations to the outside world, and can it have an impact on social management order. If a fictitious company seal infringes on other legal interests, it shall be punished with other crimes.
When signing the contract, the parties need to sign, notarize, record, verify by phone, and announce these five points through the platform to avoid the company seal being forged by illegal elements.
Zhejiang Keli Yinye Industry New Technology Development Co., Ltd
Zhejiang Keli Yinye Industry New Technology Development Co., Ltd. is a national civilized unit, a national high-tech enterprise, a vice president unit of the China Seal Industry Association, and an executive director unit of the China Cultural, Educational, and Sports Goods Association. It is an export-oriented enterprise specializing in the production and sales of China's well-known trademark "Wangzipai" international seal products. The company's mission is to inherit seal culture, focus on seal development, and innovate seal technology; Adhere to the core values of "employee satisfaction, customer satisfaction, social satisfaction, reflecting value through quality, and creating value through joint efforts". The spirit of craftsmanship is the most beautiful spirit in today's society. Keli Yinye Industry also upholds this spirit to work seriously, carefully, and diligently, treating our employees, customers, and society to achieve the most satisfactory results
Keli Production Workshop
We specialize in producing a series of products such as the well-known Chinese trademark "Wang Zi Pai" seals, printing pads, ink, gift seals, toy seals, etc.