The crime of illegally absorbing public deposits stipulated in Article 176 of China's Criminal Law refers to the act of illegally absorbing public deposits or absorbing public deposits in disguised form in violation of national financial management regulations, disrupting financial order. The key to accurately understand the crime of illegally absorbing public deposits is to adhere to the unity of the unspecific subject of the crime and the concrete harm to financial order.
The following acts constitute the crime of illegally absorbing public deposits:
(1) illegally absorbing public deposits or absorbing public deposits in disguised form;
(2) illegally raising funds from unspecified objects in any name without legal approval;
(three) illegal loans, settlement, bill discount, capital lending, trust and investment, financial leasing, financing guarantee, foreign exchange trading;
(4) Other illegal financial business activities identified by the People's Bank of China.
Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus 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 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.
The crime of illegally absorbing public deposits 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 and fined not less than 50,000 yuan but not more than 500,000 yuan. If a unit commits this crime, 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 this crime committed by natural persons.
Individuals who commit this crime amount to more than 200,000 yuan; Or more than 30 households; Or causing direct economic losses to depositors in the amount of more than 654.38 million yuan; The amount of this crime committed by the unit is more than 6,543,800 yuan or more than 654.38+050 households; Or if the amount of direct economic losses caused to depositors is more than 500,000 yuan, it shall be prosecuted.
Reference laws: Article 176 of the Criminal Law of People's Republic of China (PRC) and Article 24 of the standard of economic crimes.
How many years were you sentenced for illegally absorbing public deposits? Article 176 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts financial order shall be sentenced to fixed-term imprisonment of not more than three 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 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.
Sentencing standard for the crime of illegally absorbing public deposits: 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 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.
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How to measure the penalty for the crime of illegally absorbing public deposits, and the sentencing standards of the court for the crime of illegally absorbing public deposits. If a natural person commits the crime of illegally absorbing public deposits, he shall be sentenced to fixed-term imprisonment of not more than three 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 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.
2. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
For more information, you can go to a lawyer.
The sentencing standard for the crime of illegally absorbing public deposits is 500 million yuan. 1 How many years can I get? Under any of the following circumstances, it belongs to "huge amount or other serious circumstances" as stipulated in Article 176 of the Criminal Law:
(1) Individuals illegally absorb or absorb public deposits in disguised form, with an amount of more than 6,543,800 yuan, and units illegally absorb or absorb public deposits in disguised form, with an amount of more than 5 million yuan;
(2) Individuals illegally absorb or disguise public deposits 100 or more, and units illegally absorb or disguise public deposits of more than 500 people;
(3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 500,000 yuan, and units illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 2.5 million yuan;
(4) Causing particularly bad social impact or other particularly serious consequences.
The amount of illegal or disguised absorption of public deposits shall be calculated in full with the funds absorbed by the actor. The amount refunded before and after the crime can be considered as the circumstances of sentencing.
Illegal absorption or disguised absorption of public deposits, mainly used for normal production and business activities, can repay the absorbed funds in time, can be exempted from criminal punishment; If the circumstances are obviously minor, it shall not be treated as a crime.
2. Crime of illegally absorbing public deposits in Criminal Law Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus 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 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.
What is the maximum sentence for the crime of illegally absorbing public deposits? Maximum sentence for the crime of illegally absorbing public deposits 10 year.
Article 176 of the Criminal Law stipulates that anyone who illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts financial order shall be sentenced to fixed-term imprisonment of not more than three 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 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.