1. First of all, p2p and illegal fund-raising have different purposes. Compliance P2P only acts as an information intermediary and does not touch funds. The purpose of financing is to help people in need.
2. The purpose of illegal fund-raising is to raise funds for other purposes, but at present, many P2P companies have violated legal boundaries by involving fund pools and self-financing.
3. Investors can judge whether P2P illegally raises funds mainly by two points: 1 is whether the P2P platform touches investors' funds, and 2/is whether there are one-to-one borrowers for the money invested by P2P platform.
Procedures for handling criminal cases of illegal fund-raising:
1, put on record. Refers to the litigation activities in which public security organs and procuratorates, according to their respective jurisdictions, discover criminal facts or criminal suspects after reviewing reports, complaints, reports, voluntary surrender materials and private prosecution materials, or decide to investigate or try criminal cases;
2. investigation. Investigation is a special investigation and related compulsory measures implemented by public security organs and procuratorates in the process of handling cases according to law; According to the law, summons and the duration of summons in the process of investigation shall not exceed 12 hours, and detention in disguised form by continuous summons shall not be allowed. According to the regulations, the inspection period is 2-7 months;
3. detention. Criminal detention refers to the compulsory method by which the public security organs and procuratorates temporarily deprive criminals or major suspects of their personal freedom in case of emergency during the investigation;
4. arrest. According to the law, for criminal suspects and defendants who have evidence to prove criminal facts and may be sentenced to more than fixed-term imprisonment, it is not enough to take measures such as bail pending trial and residential surveillance to prevent social danger, but if it is really necessary to arrest, they should be arrested immediately. An arrest warrant should be produced at the time of arrest. Anyone who is approved for arrest must be tried within 24 hours after arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued. The time limit for arrest is closely related to the time limit for investigation of a case. Usually, the arrest period ends when the court makes a judgment, that is, the court makes a judgment, and the arrest can end or become a sentence (guilty);
5. Review the prosecution. According to the regulations, if the procuratorial organ believes that the criminal facts of the criminal suspect have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution. The time for procuratorial organs to review and prosecute is 1 month, and major and complicated cases can be extended by half a month; If supplementary investigation is needed, the procuratorate may return it to the public security organ for supplementary investigation. Return for supplementary investigation shall be limited to two times, and each time shall not exceed 1 month.
To sum up, if P2P behavior is suspected of illegal fund-raising, the company's senior executives and principal responsible persons will generally bear corresponding criminal legal responsibilities. The so-called illegal fund-raising refers to unauthorized companies, enterprises, individuals or other organizations. In violation of laws and regulations, the act of raising funds from the public or collective through improper channels is the essence of the act that constitutes a crime.
Legal basis:
Article 192nd of the Criminal Law of People's Republic of China (PRC)
The crime of fund-raising fraud aims at illegal possession and uses fraud to illegally raise funds. If the amount is relatively large, he 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 the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
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 punished in accordance with the provisions of the preceding paragraph.