How to Punish Professional Lenders
Article 186 of my country’s Criminal Law clearly stipulates that anyone who illegally extends loans in huge amounts or causes heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to one year. A fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed; if the amount is particularly huge or particularly heavy losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. The following is introduced in detail by the lawyer in this article.
(1) Standards for filing cases:
Article 42 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs" stipulates the crime of illegal granting of loans Standards for filing a case for prosecution:
1. Illegal loans of more than RMB 10,000;
2. Loans issued in violation of regulations, causing direct economic losses of more than 200,000 yuan.
The following points need to be noted:
(1) Anyone who illegally lends more than 10,000 yuan will be held criminally responsible regardless of the length of time and the size of the loss;
(2) The above amount of reserves can be formed from a single loan or accumulated from multiple loans.
(2) Criminal liability
According to Article 186 of the "Criminal Law", employees of banks or other financial institutions who violate state regulations by granting loans in huge amounts or causing heavy losses shall be punished. Whoever commits a crime 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 particularly huge or causes particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
Any staff member of a bank or other financial institution who violates state regulations and extends loans to related parties shall be severely punished in accordance with the provisions of the preceding paragraph.
If a unit commits the crime in the preceding two paragraphs, the unit shall be fined, and the person directly 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 "Commercial Bank Law of the People's Republic of China" and relevant financial laws and regulations.
The above content is related answers. For those who lend money for a long time, as long as they do not do anything illegal or criminal, they will definitely not be punished. If they lend money at usury, there is no penalty, but no interest is payable on the excess. If you have other legal questions, you can consult the relevant lawyers at Hualv.com.