Illegal fund-raising is not an independent crime. Illegal fund-raising in criminal law refers to the crime of illegally absorbing public deposits and the crime of fund-raising fraud. Illegal fund-raising refers to illegal fund-raising by fraudulent means, and the amount is relatively large.
The so-called illegal fund-raising refers to companies, enterprises, individuals or other organizations without approval. It is the essence of this crime to raise funds from the public or the collective through improper channels in violation of laws and regulations.
Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II)
Article 28 [Case of Illegal Absorption of Public Deposits (Article 176 of the Criminal Law)] Anyone who illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts the financial order shall be put on file for prosecution under any of the following circumstances:
(1) Individuals illegally absorb or conceal public deposits of more than 200,000 yuan, and units illegally absorb or conceal public deposits of more than 1 million yuan;
(2) Individuals illegally or in disguised form absorb more than 30 public deposits, and units illegally or in disguised form absorb more than 150 public deposits;
(3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 100,000 yuan, and units illegally absorb or absorb public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan;
(4) Causing adverse social impact;
(5) Other circumstances that seriously disrupt the financial order.
Extended data:
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising
Article 4 Whoever commits the acts listed in Article 2 of this Interpretation by fraudulent means for the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud in accordance with the provisions of Article 192 of the Criminal Law.
In any of the following circumstances, it can be considered as "for the purpose of illegal possession":
(1) The raised funds are not used for production and business activities, or are obviously out of proportion to the scale of the raised funds, so that the raised funds cannot be returned;
(two) wantonly squandering fund-raising, so that the fund-raising can not be returned;
(3) fleeing with funds;
(4) The funds raised are used for illegal and criminal activities;
(5) Evading, transferring funds, concealing property or evading the return of funds;
(six) concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to escape the withdrawal of funds;
(seven) refused to account for the whereabouts of funds, to escape the return of funds;
(eight) other circumstances that can be identified as the purpose of illegal possession.
The purpose of illegal possession in the crime of fund-raising fraud should be determined according to the situation. If part of the illegal fund-raising behavior of the actor has the purpose of illegal possession, the fund-raising involved in this part of illegal fund-raising behavior shall be convicted and punished for the crime of fund-raising fraud;
If the center of the crime of illegal fund-raising has the purpose of illegal possession and other actors have no intention or behavior of illegal possession of fund-raising, the actor with the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud.
Article 192 of the Criminal Law, whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five 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 five 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 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
References:
Baidu Encyclopedia-Standard Provisions on the Prosecution of Criminal Cases (2)
References:
China government network-criminal law
References:
Baidu Encyclopedia-Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising