单位与自然人共同犯罪若干问题研究

Study on Problems in Complicity of a Unit and a Natural Man

单位可与自然人构成共同犯罪,此共同犯罪的数额标准应当根据具体情况区别适用。若本单位直接责任人员实施了执行单位意志的职务行为,还以个人意志实施了职责范围外的行为,则可认定该直接责任人员与本单位构成共同犯罪,对直接责任人员数罪并罚。

Criminal crime can be committed by a unit and a natural man,and its punishment should be determined in accordance with the actual situation.If the man in charge of a unit has made behaviors in accordance with the decision of the unit and made offences as a result of his own decision,such a criminal crime is a complicity of himself and the unit.In this case,his punishment should be made with all criminal offences taken into account.