In the practice of illegally absorbing public deposits, the judiciary often judges fund-raisers to publicize by word of mouth.
Word-of-mouth means that fund-raisers don't use traditional public propaganda methods such as newsletters, leaflets, internet and lectures to spread fund-raising information, and relatives and friends of fund-raisers may be the first to know the information, but fund-raisers let the fund-raising information spread in the society with an express, implied or laissez-faire attitude, attracting investment from unspecified objects.
However, "word of mouth" did not appear in the relevant judicial interpretations or judicial files issued by the Supreme Court and the Supreme People's Procuratorate.
For example, on 20 10, 165438, the Supreme People's Court passed the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, and cited examples of "public publicity channels for illegal fund-raising" by fund-raisers or units, including "media, promotion meetings, leaflets, mobile phone short messages" and so on;
The Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising, which was implemented on March 25th, 20 14, further clarified "being open to the public", including spreading the information of absorbing funds to the public through various channels and letting it spread knowing that the information of absorbing funds has been spread to the public.
These two judicial files both explain the "opening to the public" in the crime of illegal fund-raising, and neither mention the way of "word of mouth", but the way of "word of mouth" has been recognized by the judicial organs to a certain extent in practice.
Is Qingdao Happiness Wealth an illegal fund-raising case 1. 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.
Two, for the purpose of illegal possession, the use of fraud to commit the following acts, should be in accordance with the provisions of Article 192nd of the Criminal Law, convicted and punished for the crime of fund-raising fraud:
(a) does not have the real content of real estate sales or does not take real estate sales as the main purpose, and illegally absorbs funds by means of returning to the original sales, after-sales charter, agreed repurchase, and selling real estate shares;
(two) illegally absorbing funds through the transfer of forest rights and management on behalf of others;
(3) illegally absorbing funds by planting (breeding), renting planting (breeding) or joint planting (breeding);
(four) illegally absorbing funds by means of commodity repurchase or consignment. There is no real content of selling goods or providing services or the main purpose is to sell goods or provide services;
(five) illegally absorbing funds by means of false transfer of equity or sale of fictitious bonds, etc., which do not have the true contents of issuing stocks and bonds;
(6) Raising funds without real content, illegally absorbing funds by means of overseas funds or selling fictitious funds;
(seven) without the real content of selling insurance, illegally absorbing funds by means of counterfeiting insurance companies or forging insurance documents;
(8) illegally absorbing funds by investing in stocks;
(9) Illegally absorbing funds by means of entrusted financial management;
(ten) the use of "associations", "social groups" and other non-governmental organizations to illegally absorb funds;
(eleven) other acts of illegally absorbing funds.
Three. Legal basis: Article 4 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising.
Xuzhou Taixin's illegal fund-raising case insisted on the son's compensation, and the money was transferred to his son,10 million. I hope this case will be solved as soon as possible. I am also a victim.
The unincorporated business license of the investigation team of illegal fund-raising case of Zhongyue Group Co., Ltd. generally means that the branch company does not have legal person qualification, and the contents of the license include:
1, head office name+branch domain name (Beijing, Shanghai, Guangzhou, etc. )
2. Name of the person in charge of the branch
3. Transfer address
4, branch registration number
5. The branch has no registered capital, so it will not be shown in the license.
The investigation of illegal fund-raising case of Hengyuan Group is not a private prosecution case. You can go directly to the local public security to report the case and investigate. If it is true, the procuratorate will initiate a public prosecution, and then the court will make a judgment.
Ma 'anshan illegal fund-raising case Chen Rong's illegal fund-raising is a criminal offence, which is suspected of fund-raising fraud and illegal absorption of public deposits. It is suggested to report the case to the local public security organ in time.
Legal basis:
Article 18 of the Criminal Procedure Law criminal cases shall be investigated by public security organs, except as otherwise provided by law.
Article 107 When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction. Article 108 Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Can the school file a case against illegal fund-raising in society? If a school illegally absorbs or changes its direction to absorb public deposits of more than one million yuan or more than 150 people, it shall file a case for prosecution.
The Supreme People's Procuratorate and the Ministry of Public Security's Provisions on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecuting clearly stipulate that anyone who illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts the financial order shall be placed on file for investigation 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.
Can the school directly report to the police in the face of the illegal fund-raising court ~ ~ let the public security intervene. The court is a judicial organ. You are involved in large-scale evidence collection and so on. The court has neither technical strength nor experience. Before the police file a case, seek the advice of a professional lawyer.
The case of illegal fund-raising is how the court decides the case of illegal fund-raising and punishes it according to the crime of fund-raising fraud stipulated in the criminal law. The court will make a judgment in accordance with the legal provisions according to the amount involved and the specific circumstances of the case.
The basic provisions of the criminal law are as follows: Article 192 The crime of fund-raising fraud refers to illegal fund-raising by fraudulent means for the purpose of illegal possession. If the amount is relatively large, he 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.
Is "bona fide acquisition" applicable to fund-raising and illicit money in illegal fund-raising cases? According to the current relevant laws and regulations, not only illegal fund-raising cases, but also "dirty things" in all criminal cases are subject to the provisions of bona fide acquisition.
In the case of illegal fund-raising, do some property other than fund-raising such as "cars, jewelry, etc." Use the bona fide acquisition system? If the fund-raising property is acquired by a third person in good faith, do you still need to recover it?
Acquisition in good faith is a concept in civil law, which refers to the system that the possessor (non-owner) of movable property transfers the ownership of movable property to a third party or sets other real rights for the third party, and even if the possessor has no right to dispose of movable property, the bona fide transferee can still obtain the ownership of movable property or other real rights.
Generally speaking, there are five conditions for bona fide acquisition: According to the first paragraph of Article 106 of the Property Law, bona fide acquisition shall meet the following conditions: 1. The subject matter must be movable or immovable; 2. The transferor has no right to dispose of movable or immovable property; 3. The transferee shall transfer the property in good faith; 4. The transferee shall pay a reasonable price; 5. The transferred movable property or immovable property has been delivered or registered.
For example, for example, A invested 654.38+10,000 yuan in the fund-raising fraud platform with his own diamond ring, and the platform was sold to second-hand dealers for money, and sold for 1.2 million yuan. The second-hand dealer doesn't know the source of this ring, so if he is involved in the investigation after the incident, should the second-hand dealer return the ring to Jia? The answer is no, because the second-hand dealer got this ring in good faith.
This is a typical case of bona fide acquisition in criminal cases. The fund-raising fraud platform has no right to dispose of this ring, but secretly disposed of it. The transferee is a second-hand dealer who bought the ring in good faith, that is, he didn't know that the fund-raising platform had no right to dispose of it, and then bought it at a price of10.2 million, which was a reasonable price transfer. The ring was delivered to the second-hand dealer and was obtained in good faith in line with the relative norms.
At the beginning, it was stipulated that "all the way to the end", whether it was "acquired in good faith"
1965 65438+February 1 (65) law No.40 "Interim Provisions on Several Issues Concerning Confiscation and Disposal of Illegally Collected Money and Stolen Goods" states: "The people's court shall recover the illegally collected money and stolen goods according to the principles stipulated by law. Recovering stolen money and goods is not limited to criminals themselves. Those who transfer, conceal or pay debts to criminals should follow the flow of stolen money and goods to the end. Even the money obtained by creditors in good faith should be recovered. The Criminal Law does not require creditors who have obtained illegal money in good faith to participate in criminal proceedings. Failure to participate in litigation does not affect the order to recover the proceeds. " However, the premise of this provision is that in the era of planned economy, the concepts of "private property" and "private transaction" were very weak at that time, so it is also a reflection of the times to know that this system was acquired in good faith and not retained.
Respect and protection of "bona fide acquisition" system in relevant criminal law
With the gradual development of market economy in the following decades, 1996 12 16 The Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases promulgated by the Supreme People's Court has been loosened. Article 1 1 of the Interpretation stipulates: "The perpetrator used the defrauded property to repay personal debts, pay for goods or other economic activities. If it is obtained in good faith, it will not be taken back. "
According to the 20 10 Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising (hereinafter referred to as "Several Opinions"), the provisions on the property involved are more clear and detailed:
Illegally absorbed funds and their transformed properties are used to pay off debts or transfer them to others, and they shall be recovered according to law in any of the following circumstances:
(a) others know that it is the above-mentioned funds and property; (Comment: This is an obvious case of acquisition in bad faith and should be recovered)
(two) others get the above funds and property free of charge; (Comment: It is also based on the provision that bona fide acquisition must be at a reasonable price)
(3) Others obtain the above-mentioned funds and property at a price obviously lower than the market price; (Comment: same as above)
(four) others obtained the above funds and property from illegal debts or illegal and criminal activities; (:Comments are also directed at bona fide acquisition, that is, bona fide acquisition only protects legitimate transactions)
(five) other circumstances that should be recovered according to law. (Note: Common bottom terms)
In the 20 14 "Several Provisions of the Supreme People's Court on the execution of criminal judgments involving property", not only the expressions in the above "Several Opinions" are basically followed, but also the direct and clear provisions on bona fide acquisition are made:
If a third party obtains the property involved in the case in good faith, it will not be recovered in the execution procedure. If the victim, as the original owner, claims the right to the property involved, the people's court shall inform him to handle it through legal procedures.
The legislative intent of this clause is:
As can be seen from the above, in criminal proceedings, not only illegal fund-raising cases, but also bona fide acquisitions are recognized and protected. The first starting point is the basic principle of market transaction order embodied by bona fide acquisition, that is, both parties to the transaction cannot thoroughly and truly understand the background of the other party's transaction object, and in order to reduce the transaction cost, the bona fide acquisition system must be respected. At the same time, in actual cases, the premise of bona fide acquisition by a third party is to pay a reasonable market consideration to the unauthorized party (usually the defendant). In the recovery, the paid consideration should be the object of recovery, which can also reflect the protection of the rights and interests of the victims.