The official seal represents the company to a certain extent, so the official seal cannot be stamped by anyone. The official seal refers to the signature seal made by state organs, organizations, enterprises and institutions in the name of their legal subject behavior. China has a perfect judicial management system for the management of official seals, and any private engraving is illegal and criminal. For seals forged without legal subject behavior, it shall be punished as the crime of forging subject. Carving the official seal without permission, if the circumstances are minor, is a violation of public security management and should be given administrative punishment by the public security organ.
How to identify the crime of engraving official seal privately
In the criminal law, the act of engraving the official seal privately is the crime of forging the seals of companies, enterprises, institutions and people's organizations.
Components:
1, main element
The subject of this crime belongs to the general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute this crime.
2. Object elements
The direct object of this crime is the reputation of normal activities of companies, enterprises, institutions and people's organizations, and it also constitutes an infringement on social public order.
The object of this crime is the seal of companies, enterprises, institutions and people's organizations. The so-called seal refers to the official seal and special seal engraved by companies, enterprises, institutions and people's organizations, which show the identity of the subject with words and pictures. It is a sign and symbol for companies, enterprises, institutions and people's organizations to engage in civil and administrative activities. As the object of this crime, the seal must be the seal of a company, enterprise, institution or people's organization, and infringement of the seal of a state organ does not constitute this crime.
3. Subjective factors
Subjectively, this crime is intentional. That is, the actor forged it for some purpose knowing that he had no right to make the seal of the above-mentioned unit. If the actor doesn't know that the seal made by others has no right to ask for it, it doesn't constitute this crime. The criminal motives of the perpetrators are varied, some are to obtain certain benefits, some are to make profits, and some are to prepare for other criminal activities. Wait a minute.
4. Objective factors
This crime is objectively manifested as the act of forging the seals of companies, enterprises, institutions and people's organizations. The so-called "seal" refers to the official seal or special seal engraved by the above-mentioned units in accordance with the law to show the identity of the subject. It is the sign and symbol that the above-mentioned units exercise management power over their own affairs and bear the rights and obligations and legal consequences stipulated by law. Generally speaking, official documents can only take effect after they are stamped.
According to the law of our country, the crime of sealing the official seal privately can be investigated for criminal responsibility. The crime of engraving official seal privately needs to start with the main elements, subjective elements and objective elements, and it should be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights, and also fined. The specific provisions are as above.
To sum up, it is Bian Xiao's relevant answer to whether the company seal can be stamped casually. I hope I can help you.
Legal basis:
Detention in Article 52 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment 10 days or more 15 days or less may be imposed with a fine of 1000 yuan or less; If the circumstances are relatively minor, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) Forging, altering or buying or selling official documents, certificates, certification documents and seals of state organs, people's organizations, enterprises, institutions or other organizations; (2) buying, selling or using forged or altered official documents, certificates and supporting documents of state organs, people's organizations, enterprises, institutions or other organizations; (3) Forging, altering or reselling tickets, boat tickets, air tickets, tickets for cultural performances, sports competitions or other valuable tickets; (4) Forging or altering a ship's registration number, trading or using a forged or altered ship's registration number, or altering a ship's engine number.
Article 280 of the Criminal Law of People's Republic of China (PRC) * * * Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.