In the provisions of China's criminal law, there are many specific provisions on the conviction and handling of unit crimes, and the typical one can refer to Article 175 on the crime of lending at high interest; Crime of defrauding loans, bill acceptance and financial bills;
"If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention".
Extended data:
Determination of the crime of defrauding loans, bill acceptance and financial bills
1, draw a clear line between crime and non-crime.
The establishment of this crime requires it to cause heavy losses to banks or other financial institutions or have other serious circumstances. If the actor's cheating has not caused heavy losses or other serious circumstances, it does not constitute a crime.
2. This crime is a selective crime, including three acts of defrauding loans, bill acceptance and financial bills.
When the perpetrator commits one of the above acts, it can constitute a crime; When the actor commits the above two or more acts, he shall still be punished as one crime, and shall not be punished for several crimes.
punish
If a natural person commits the crime of defrauding loans, bill acceptance or financial bills, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes heavy losses to banks or other financial institutions or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime of defrauding loans, bill acceptance or financial bills, it shall be fined, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of this crime committed by natural persons.
Criteria for filing a case
Obtain loans, bill acceptance, letters of credit, guarantees, etc. Obtaining funds from banks or other financial institutions by fraudulent means, suspected of one of the following circumstances, shall be filed for prosecution:
(1) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, the amount is more than one million yuan;
(2) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, causing direct economic losses of more than 200,000 yuan to banks or other financial institutions;
(3) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. Take fraudulent means for many times, although it does not meet the above-mentioned amount standard;
(4) Other circumstances that cause heavy losses to banks or other financial institutions or have other serious circumstances.
Baidu encyclopedia-criminal law
Baidu Encyclopedia-Crime of defrauding loans, bill acceptance and financial bills