First, the sentencing standards for the crime of illegally absorbing public deposits
According to Article 176 of the Criminal Law, whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
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.
Whoever commits the acts mentioned in the preceding two paragraphs and actively returns the stolen goods before bringing a public prosecution to reduce the occurrence of damage results may be given a lighter or mitigated punishment.
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Second, the standard of filing the crime of illegally absorbing public deposits.
1, illegal absorption or disguised absorption of public deposits, under any of the following circumstances, criminal responsibility shall be investigated according to law:
(1) Individuals illegally absorb or absorb public deposits in disguised form, amounting to more than 200,000 yuan, and units illegally absorb or absorb public deposits in disguised form, amounting to more than 6,543,800 yuan;
(2) Individuals illegally or in disguised form absorb more than 30 public deposit objects, and units illegally or in disguised form absorb more than 150 public deposit objects;
(3) Individuals illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 654.38 million yuan, and units illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan;
(4) Causing adverse social impact or other serious consequences.
2. Under any of the following circumstances, it belongs to "huge amount or other serious circumstances" as stipulated in Article 176 of the Criminal Law:
(1) Individuals illegally absorb or absorb public deposits in disguised form, with an amount of more than 6,543,800 yuan, and units illegally absorb or absorb public deposits in disguised form, with an amount of more than 5 million yuan;
(2) Individuals illegally absorb or disguise public deposits 100 or more, and units illegally absorb or disguise public deposits of more than 500 people;
(3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 500,000 yuan, and units illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 2.5 million yuan;
(4) Causing particularly bad social impact or other particularly serious consequences.
The amount of illegal or disguised absorption of public deposits shall be calculated in full with the funds absorbed by the actor. The amount refunded before and after the crime can be considered as the circumstances of sentencing.
Illegal absorption or disguised absorption of public deposits, mainly used for normal production and business activities, can repay the absorbed funds in time, can be exempted from criminal punishment; If the circumstances are obviously minor, it shall not be treated as a crime.
3. In any of the following circumstances, probation is not applicable:
(1) Absorbing deposits for illegal activities;
(two) have a greater impact in this city, strong social repercussions;
(three) more than three-quarters of the deposit amount has not been returned;
(4) Being sentenced or subject to administrative punishment for illegally absorbing public deposits.
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