1. What are the criteria for filing a smoking ban?
Non-smoking cases involve the crime of illegally absorbing public deposits, and the filing criteria are as follows:
Illegal absorption of public deposits or disguised absorption of public deposits, disrupting the financial order, suspected of one of the following circumstances, should be prosecuted:
1. Individuals illegally absorb or absorb public deposits in disguised form, with an amount of more than 200,000 yuan, and units illegally absorb or absorb public deposits in disguised form, with an amount of more than100000 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 depositors' direct economic losses of more than100000 yuan, while units illegally absorb or absorb public deposits in disguised form, resulting in depositors' direct economic losses of more than 500000 yuan.
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 or only 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.
2. What are the constitutive elements of the crime of illegally absorbing public deposits?
1, Object Elements: The object of this crime is the national financial management system. Deposits refer to monetary funds or securities kept in financial institutions and available for their use. It is the main source of credit funds for deposit-taking financial institutions.
2. Objective elements: The objective aspect of this crime is that the perpetrator has illegally absorbed public deposits or absorbed public deposits in disguise. Illegally raising the deposit interest rate to absorb deposits and disrupting the financial order; Or raise interest rates in disguise to absorb deposits and disrupt the financial order; Or units that are not qualified to engage in the business of absorbing public deposits according to law illegally absorb public deposits, disrupting financial order.
3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. According to the second paragraph of this article, a unit can also be the subject of this crime.
4. Subjective elements: This crime is subjectively intentional, that is, the actor must know that his illegal absorption of public deposits will cause harmful results that will disrupt the financial order, and hope or let this happen.
To sum up, the illegal absorption of public deposits will cause losses to the interests of others. Generally speaking, as long as the amount of deposits absorbed or the number of times of deposits absorbed reach the standards prescribed by law, the parties concerned can bear legal responsibilities, and offenders will be sentenced to fixed-term imprisonment of not more than three years, or even ten years in serious cases.