The crime of illegally absorbing public deposits refers to the act of absorbing or absorbing public deposits in disguise in violation of credit management laws and regulations.
In judicial practice, we should pay attention to the following aspects in determining this crime:
1? The subject of this crime is the general subject, including units and individuals. However, it should be noted that the unit not only refers to the unit that does not have the qualification to operate the deposit business, but also the unit that has the qualification to operate the deposit business such as banks can become the subject of this crime.
2? There are two kinds of acts in this crime: first, illegally absorbing public deposits, including individuals or units that are not qualified to absorb public deposits, and financial institutions and their staff who are qualified to absorb public deposits, violating financial regulations and adopting improper means such as raising interest rates without authorization to handle public deposits; The second is to absorb public deposits in disguise, that is, to indirectly and illegally operate the business of absorbing public deposits in the name of investment, fund-raising, joint venture and mutual assistance of funds.
3? Illegal absorption of public deposits in any of the following circumstances shall be prosecuted: (1) individuals illegally absorb or absorb public deposits in disguised form, the amount is more than 200,000 yuan, and units illegally absorb or absorb public deposits in disguised form, the amount is more than 6,543,800 yuan; (2) Individuals illegally or disguised to absorb more than 30 public deposits, and units illegally or disguised to absorb more than 150 public deposits; (3) Individuals illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 654.38 million yuan, and units illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan.
4? If a natural person commits this crime, he 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 individuals.