Is it a crime to illegally issue loans? The crime of illegally issuing loans is a crime of behavior or consequence, that is, a crime with certain circumstances or harmful consequences as its constitutive elements. If the infringement is not serious, it can only be treated as a general illegal act. The key to the distinction between the crime of illegally issuing loans and non-crime lies in objective examination, which mainly includes the following three aspects: 1, and whether the actor violates the state regulations. It is a crime for an actor to issue loans on the basis of violating all laws or administrative regulations related to credit management, such as the Commercial Bank Law, the Guarantee Law, the General Principles of Loans, the Measures for the Administration of Loan Certificates, the Measures for the Administration of Credit Funds, and the Contract Law. If he only violates the internal regulations of his unit, he can't be investigated for criminal responsibility. 2. Whether the loan amount is huge. Failure to reach the standard of huge amount does not constitute this crime. 3, whether it caused significant losses. Those who have not caused heavy losses cannot be punished for this crime. 200 1 Summary of the Symposium on the Trial of Financial Crimes by National Courts pointed out that "if the staff of a bank or other financial institution violates the provisions of laws and administrative regulations and makes loans to people other than related parties, resulting in losses of more than 5 million yuan-110,000 yuan, it can be considered as" causing significant losses "; Causing losses of more than 3-5 million yuan, it can be considered as "causing particularly heavy losses". The Criminal Law of People's Republic of China (PRC) (hereinafter referred to as "Criminal Law") stipulates the crime of illegally issuing loans in Chapter III, Section IV, Article 186. The specific provisions of this article are as follows: "Employees of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also 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. Staff of banks or other financial institutions who make loans to related parties in violation of state regulations shall be given a heavier punishment in accordance with the provisions of the preceding paragraph, and those who commit the crimes mentioned in the preceding two paragraphs shall be fined, and the directly responsible personnel in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs. "The scope of related parties is determined in accordance with the People's Republic of China (PRC) Commercial Bank Law and relevant financial regulations." If you want to get more benefits from illegal loans, you can get professional guidance through online consulting lawyers first.
Legal objectivity:
Criminal law of the people's Republic of China
Article 186
Staff of banks or other financial institutions who issue loans in violation of state regulations, and the amount is huge or causes heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also 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.