According to judicial practice, if the amount of illegal loans is more than one million yuan, or the amount of direct economic losses is more than two hundred thousand yuan, it should be prosecuted. According to the first paragraph of Article 186 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.
Constitutive elements of the crime of illegally issuing loans
(1) the object.
The national financial management system violated by the crime of illegally issuing loans is specifically the national loan management system.
The object of this crime is loans from banks or other financial institutions.
(2) objective aspects
The objective manifestation of this crime is the act of issuing loans in violation of state regulations, with a large amount or causing heavy losses.
"Violation of state regulations" refers to violation of all laws or administrative regulations related to credit management, such as the Commercial Bank Law, the Civil Code, the General Principles of Loans, the Measures for the Administration of Loan Certificates, the Measures for the Administration of Credit Funds and the Civil Code.
(3) Main aspects
The subject of this crime is a special subject, which can be a natural person or a unit. The main units include Chinese-funded commercial banks, trust and investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions engaged in loan business established in China. Any other unit, including foreign-funded financial institutions (including foreign capital, Sino-foreign joint ventures, branches of foreign-funded financial institutions, etc.). ) and individuals cannot be the subject of this crime.
(4) Subjective aspects
Subjectively, the crime of illegally issuing loans is generally manifested as negligence, that is, the actor's possible heavy losses due to his illegal issuance of loans are due to negligence, and this negligence is generally overconfident, that is, the actor fails to foresee the possible damage results caused by his behavior of issuing loans in violation of state regulations, or, although he did, credulity can be avoided.
Under certain conditions, intentionally may also violate the crime of illegally issuing loans. That is, although the actor has foreseen that his behavior of issuing loans in violation of state regulations may lead to harmful results, he indulges or actively pursues it.