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mars valentine jewelry wholesale "Explanation of the Supreme People's Court on Specific Application Laws on Trial of Criminal Funding Criminal Cases"
1: 1 violation of national financial management laws and regulations, absorb funds to the public (including units and individuals), and have the following four In addition to other conditions, in addition to the criminal law, it shall be identified as "illegally absorbing public deposits or disguised public deposits" stipulated in Article 176 of the Criminal Law:
( 1) Absorbing funds absorb funds without the authorization of relevant departments in accordance with law or borrowing legitimate operations;
(2) public publicity through networks, media, promotion, leaflets, mobile phone information and other channels publicly publicized publicity publicity ;
(3) The promise to repay the principal and interest or pay in return or pay in a certain period of time;
( 4) Absorb funds to the public, that is, unspecified objects of society.
The public publicity to the society. Those who absorb funds for specific objects within their relatives or units are not illegally absorbed or in disguised public deposits.
It one to implement one of the following behaviors and meet the conditions stipulated in the first paragraph of this interpretation. Article 16 stipulates that illegally absorbing the crime of public deposits and punishment:
(1) The real content of real estate sales is not based on real estate sales. Through the after -sales lease, agreed repurchase, sales of real estate shares, etc., illegally absorb funds;
(2) illegal absorption of funds by transferring forestry rights and protection; r r
(3) illegal absorption of funds in the methods of planting (breeding), rental (breeding), combined planting (breeding);
( 4) If you do not have the real content of sales of goods, provide services, or do not take the sales of goods, provide services as the main purpose, illegally absorb funds in the methods of commodity repurchase, storage, etc.;
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(5) Do not have the real content of issuing stocks and bonds, and illegally absorb funds in methods such as false transfer of equity, sale of fictional bonds;
(6) The content can illegally absorb funds by leveraging overseas funds and fictional funds;
(7) Do not have the real content of sales insurance, and use fake insurance companies, fake insurance documents, etc. Illegal absorption of funds;
(8) illegal absorption of funds with online lending, investment, and virtual currency transactions;
( Nine) illegal absorption of funds by commissioning financial management, financing leasing, etc.;
(10) to provide "pension services", investment "old -age projects", sales of "senior products" and other methods. Illegal absorption of funds;
(11) illegal absorption of funds using the private "club" and "society";
(ten ten 2) Other illegal absorption of funds.
illegal absorption or disguised public deposits. If one of the following circumstances, criminals shall be investigated in accordance with the law Responsibilities:
(1) illegal absorption or disguise to absorb public deposits of more than 1 million yuan;
In disguised absorption of more than 150 people in public deposits;
(3) illegal absorption or disguised public deposits, which causes the depositors to cause direct economic loss of more than 500,000 yuan.
illegal absorption or disguised absorption of public deposits is more than 500,000 yuan or causes direct economic loss to the deposit person to be more than 250,000 yuan. At the same time, if one of the following circumstances Criminal liability:
(1) For illegal funding for criminal investigation;
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Administrative penalties;
(3) cause bad social impact or other serious consequences.
illegal absorption or disguised public deposits. If one of the following circumstances, it shall be identified as the Criminal Law Article 176 The "huge amount or other severe plots" stipulated in Article 17:
(1) illegal absorption or disguised public deposit amount is more than 5 million yuan;
(2) illegal absorption or disguise to absorb more than 500 public deposits;
(3) illegal absorption or disguise to absorb public deposits, The amount of direct economic loss caused by the depositer is more than 2.5 million yuan.
illegal absorption or disguised absorption of public deposits is more than 2.5 million yuan or causes direct economic losses to the deposit to 1.5 million yuan. Third circumstances shall be identified as "other severe plots".
illegal absorption or disguised public deposits. If one of the following circumstances, it shall be identified as the Criminal Law Article 176 "The amount is particularly huge or has other particularly serious plots":
(1) illegal absorption or disguised public deposit amount of more than 50 million yuan or more ;
(2) illegal absorption or disguise to absorb more than 5,000 public deposits;
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(3) illegal absorption or disguise to absorb public public Deposits have caused the amount of direct economic losses to the depositer of more than 25 million yuan.
illegal absorption or disguised absorption of public deposits is more than 25 million yuan or causes direct economic losses to the deposit person to be more than 15 million yuan. Third circumstances shall be identified as "other particularly serious plots".
illegal absorption or disguised amount of public deposits, the total amount of funds absorbed by the actor calculate. If you actively refund the stolen and refund the claim before mentioning the public prosecution, and reduce the damage results, you may be lighter or reduce the punishment; those who refund the stolen and refund the compensation after the public prosecution will be considered as the discretion of the torture.
illegal absorption or disguised public deposits is mainly used for normal production and operation activities. The funds that can be cleared before the public prosecution can be refunded. Not big, do not deal with criminal treatment.
If in accordance with the law, no criminal liability is required or exempted from criminal punishment, the case shall be transferred to the relevant administrative agencies in accordance with the law.
It 7 to use fraud methods to implement the behavior listed in Article 2 of this interpretation method for the purpose of illegal possession. In accordance with the provisions of Article 192 of the Criminal Law, conviction and punishment shall be punished by fund -raising fraud.
In illegally fundraising with fraud methods. If one of the following circumstances, it can be identified as "for the purpose of illegal possession":
(1 a ) After fundraising, it is not used for production and operation activities or is obviously not proportional to the scale of production and operation activities and raising funds, so that the fundraising funds cannot be returned; The fundraising funds cannot be returned;
(3) The funds to escape;
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(4)
(5) Fleeing, transferring funds, hiding property, and avoiding the return of funds;
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(6) Hidden and destroyed accounts, Or fake bankruptcy, false closure, and avoid the return of funds;
(7) Refusing to explain the whereabouts of the funds, evading the return of funds;
(8) Other situations that can determine the purpose of illegal possession.
illegal possession in the crime of fundraising fraud shall be distinguished by the situation. If some illegal fund -raising behavior of the actor has the purpose of illegal possession, the funds involved in this part of the illegal fund -raising behavior are punished for funding fraud; some acts in the joint crime of illegal fundraising have the purpose of illegal possession, and other actors have no illegal possession of fundraising funds. For the common intentional and behavioral, the person who has an illegal purpose of possession is punished for funds for funding fraud.