If the illegal fund-raising is fully refunded and meets the conditions for obtaining a bail pending trial, it can be released on bail pending trial;
If the principal of the fund-raising participant has not been returned, the paid repayment can offset the principal.
After the creditor's rights and debts are paid off, if there is any illegal property left, it shall be confiscated and turned over to the central treasury on the spot. In the process of banning illegal absorption of public deposits and illegal fund-raising activities, local governments are only responsible for organizing and coordinating work, and cannot make up for the losses caused by illegal fund-raising by means of financial allocation.
This means that once the public participates in illegal fund-raising, the interests of the participants are not protected by law, and the fund-raiser is still unable to repay the fund-raising funds after being executed by the people's court, the participants should bear the losses themselves and cannot ask the relevant departments for compensation.
Money raised illegally may not be refunded, and even if it can be refunded, it cannot be completely refunded. If you don't want to lose money, you'd better be vigilant and don't be confused by illegal fund-raising. What should I do if I want to return the illegally raised funds? You should find a lawyer for Wallace. Com to help.
legal ground
Regulations on Prevention and Disposal of Illegal Fund-raising
Twenty-fifth illegal fund-raisers, illegal fund-raisers shall repay the fund-raisers. The repayment process is supervised by the lead department dealing with illegal fund-raising.
No unit or individual may obtain economic benefits from illegal fund-raising.
The losses suffered by participating in illegal fund-raising shall be borne by the fund-raising participants themselves.
Twenty-sixth sources of repayment funds include:
(a) the balance of illegal fund-raising;
(two) the conversion of illegal fund-raising income or other assets and their income;
(3) The economic benefits obtained by illegal fund-raisers and their shareholders, actual controllers, directors, supervisors, senior managers and other relevant personnel from illegal fund-raising;
(four) illegal fund-raising funds or related assets hidden or transferred by illegal fund-raisers;
(5) Economic benefits such as advertising fees, endorsement fees, agency fees, benefit fees, rebate fees, commissions and commissions obtained from illegal fund-raising;
(six) other assets that can be used as repayment funds.
Criminal Procedure Law of the People's Republic of China
Article 67 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.