这起虚开专票案改判后刑期减半，释放何信号

Core Viewpoint - The Supreme People's Court has become more cautious in defining the crime of issuing false VAT invoices, which can effectively prevent light penalties for minor offenses against enterprises and help maintain national tax sources [3][6]. Summary by Sections Case Overview - The Supreme People's Court recently published eight typical cases of punishing crimes that harm tax collection management, with the first case involving the reclassification of issuing false VAT invoices as tax evasion, attracting significant industry attention [3][6]. - In 2018, two defendants, Guo and Liu, registered a company in Tianjin and obtained 880 false VAT invoices totaling 160 million yuan in value, leading to a tax amount of over 23 million yuan [3][4]. Initial Ruling - During the first trial, Liu's family compensated 200,000 yuan. The Tianjin court found both defendants guilty of issuing false VAT invoices and sentenced Guo to 13 years and 6 months in prison, with a fine of 400,000 yuan, and Liu to 4 years and 6 months, with a fine of 150,000 yuan [4]. Appeal and Reclassification - Guo appealed the ruling. The Tianjin Intermediate People's Court determined that the distinction between issuing false VAT invoices and tax evasion lies in the subjective intent of the defendants. The court ruled that their actions constituted tax evasion, reducing Guo's sentence to 6 years and Liu's to 2 years [5][6]. Significance of the Ruling - The Supreme People's Court emphasized the need to distinguish between tax evasion and fraud based on the principles of subjective-objective unity and proportionality of crime and punishment. This approach aims to prevent excessive penalties for genuine enterprises and to enhance national tax sources [6][7]. - The court's decision reflects a trend towards reducing criminal responsibility for enterprises, considering various factors such as industry practices and the nature of the offenses [7]. Legal Clarifications - In April of the previous year, the Supreme People's Court and the Supreme People's Procuratorate issued an interpretation regarding the application of laws in tax-related criminal cases, clarifying the legal issues surrounding tax collection crimes [8]. - Over the past five years, tax-related crimes have constituted a small percentage of total criminal cases, with the crime of issuing false VAT invoices accounting for approximately 80% of these cases [8].