Sentencing standard of illegal fund-raising
What is the crime of illegal fund-raising
The crime of illegal fund-raising usually refers to the crime of illegally absorbing public deposits, the crime of fund-raising fraud, the crime of fraudulently issuing stocks and bonds, and the crime of issuing stocks, companies and corporate bonds without authorization.
1. Crime of fund-raising fraud
The crime of fund-raising fraud refers to the act of illegally raising funds through fraudulent means for the purpose of illegal possession to reach the amount and circumstances stipulated by law. Different from the single criminal object of the crime of illegally absorbing public deposits (referring to the crime of violating the financial management order), the criminal object of the crime of fund-raising fraud belongs to a complex object, which violates both the financial management order and the ownership of public and private property. 1996 "the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" stipulates in Article 3: The "fraudulent method" in the crime of fund-raising fraud refers to the means by which the actor uses fictitious fund-raising purposes to implement fraudulent fund-raising with false certification documents and high returns as bait; If the actor has one of the following circumstances, it shall be deemed that his behavior belongs to "fraudulent illegal fund-raising for the purpose of illegal possession":
(1) escaped with the funds raised;
(2) the fund-raising funds are squandered, which makes it impossible to return the fund-raising;
(three) the use of fund-raising funds for illegal and criminal activities, so that the fund-raising funds can not be returned;
(4) Refusing to return the fund-raising funds due to other fraudulent acts, or making it impossible to return the fund-raising funds.
The Supreme People's Court 200 1 summarizes the purpose of illegal possession in the crime of fund-raising fraud as follows:
(1) defrauding a large amount of money knowing that he has no repayment ability;
(2) absconding after illegally obtaining funds;
(3) defrauding funds at will;
(four) the use of fraudulent funds for illegal and criminal activities;
(five) evasion of accounts, false bankruptcy, and evasion of returning funds.
(six) other illegal possession of funds and refused to return.
According to the Standard Provisions on the Prosecution of Economic Crime Cases, if the amount of fund-raising fraud by individuals is more than 100,000 yuan, or if the amount of fund-raising fraud by units is more than 500,000 yuan, criminal responsibility shall be investigated according to law. Because the crime of fund-raising fraud is subjective and vicious, and the social harm is great, the amount of fund-raising fraud is extremely huge, causing particularly heavy losses to the interests of the state and the people, and the maximum penalty is death.
Sentencing standard:
Whoever commits the crime of fund-raising fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 5 years/kloc-0 and not more than 0 years, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever commits the crime of fund-raising fraud, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property; Whoever commits the crime of fund-raising fraud, the amount of which is especially huge, causing particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall be confiscated.