First, how to deal with illegal fund-raising employees?
When an enterprise carries out illegal fund-raising, the employees of the enterprise are not aware of it, and shall not bear the responsibility of illegal fund-raising. If employees know and participate in it, determine the role of employees in illegal fund-raising and determine their legal responsibilities.
Criminal law of the people's Republic of China
Article 26 The ringleaders are those who organize and lead criminal groups to engage in criminal activities or play a major role in joint crimes.
A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group.
The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed.
Article 27 A person who plays a secondary or auxiliary role in the same crime is an accessory.
An accessory shall be given a lighter, mitigated or exempted punishment.
Article 31 Principles of Punishment for Crimes Committed by Units Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.
Article 192 The crime of fund-raising fraud refers to illegal fund-raising by fraudulent means for the purpose of illegal possession. If the amount is relatively large, it 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.
2. What are the main manifestations of illegal fund-raising?
Illegal fund-raising activities involve a wide range of contents and forms. Judging from the current crime situation, it mainly includes four categories: creditor's rights, equity, commodity marketing and production and operation. There are mainly the following forms:
(a) illegal fund-raising in the name of planting, breeding, project development, manor development, ecological and environmental protection investment, etc.
(2) Illegal fund-raising in the name of issuing or disguised shares, bonds, lottery tickets, investment funds and other rights certificates, or futures trading or pawning.
(3) illegally raising funds by claiming shares or participating in dividends.
(four) illegal fund-raising through membership cards, membership cards, seat cards, discount cards, consumer cards, etc.
(five) illegal fund-raising by means of commodity sales and leaseback, repurchase and transfer, membership development, business alliance and "quick share method".
(six) the use of modern electronic network technology to build "electronic stores", "electronic department stores" and other "virtual" products to invest in entrusted operations, repurchase and other ways to raise funds illegally.
(seven) the property, real estate and other assets are equally divided, and illegal fund-raising is carried out by selling their share disposal rights.
(eight) the establishment of investment funds through the Internet and other forms of illegal fund raising.
(nine) illegal fund-raising in the form of "electronic gold investment".
(10) advocates that artworks have great value-added potential, and illegally absorbs public deposits from the public in the form of "down payment" and high returns such as repurchasing principal due under the guise of entrusting companies to sell dividends after purchase and third-party companies to buy value-added products.
From the above analysis, it can be seen that according to the provisions of the Criminal Law, if a unit carries out illegal fund-raising, it should be dealt with according to whether the employee knows and whether the employee's role in the illegal fund-raising case is correct, and if it constitutes a crime of * * *, it should be investigated for criminal responsibility. If you need legal help, readers can consult.