1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined;
2. 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;
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
Illegal absorption or disguised absorption of public deposits, in any of the following circumstances, shall be investigated for criminal responsibility according to law:
(a) illegal absorption or disguised absorption of public deposits in the amount of more than 6.5438+0 million yuan;
(2) illegally absorbing or absorbing public deposits in disguised form 150 or more;
(3) Illegal absorption or disguised absorption of public deposits, resulting in direct economic losses of more than 500,000 yuan to depositors.
Whoever illegally absorbs or conceals public deposits of more than 500,000 yuan or causes direct economic losses to depositors of more than 250,000 yuan shall be investigated for criminal responsibility according to law under any of the following circumstances:
(1) Being criminally investigated for illegal fund-raising;
(2) Having received administrative punishment for illegal fund-raising within two years;
(3) Causing adverse social impact or other serious consequences.
Illegal absorption or disguised absorption of public deposits, under any of the following circumstances, shall be deemed as "huge amount or other serious circumstances":
(a) illegal absorption or disguised absorption of public deposits in the amount of more than 5 million yuan;
(2) illegally absorbing or absorbing more than 500 public deposits in disguised form;
(3) illegal absorption or disguised absorption of public deposits, causing direct economic losses of more than 2.5 million yuan to depositors.
Illegal absorption or disguised absorption of public deposits is more than 2.5 million yuan, or the direct economic losses caused to depositors are more than 6.5438+0.5 million yuan, which has the third plot of the second paragraph of Article 3 of this interpretation, and shall be deemed as "other serious circumstances".
Illegal absorption or disguised absorption of public deposits, in any of the following circumstances, shall be deemed as "the amount is particularly huge or there are other particularly serious circumstances":
(a) illegal absorption or disguised absorption of public deposits in the amount of more than 50 million yuan;
(2) illegally absorbing or absorbing more than 5,000 public deposits in disguised form;
(3) illegal absorption or disguised absorption of public deposits, causing direct economic losses of more than 25 million yuan to depositors.
Illegal absorption or disguised absorption of public deposits of more than 25 million yuan, or direct economic losses to depositors150,000 yuan or more. At the same time, if it has the circumstances in Item 3 of Paragraph 2 of Article 3 of this Interpretation, it shall be deemed as "other particularly serious circumstances".
The four characteristics of the crime of illegally absorbing public deposits are:
Illegal. That is, without the approval of the relevant departments according to law or by borrowing legal business forms to absorb funds.
Publicity refers to publicity to the public through the media, promotion meetings, leaflets, mobile phone messages, etc.
Seduce Commitment to repay principal and interest or pay returns in the form of money, kind, equity, etc. In a certain period of time.
Sociality. That is, to absorb funds from the public, that is, social unspecified objects.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 176 of the criminal law
Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, 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 three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
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.