If you don't call others to participate in illegal fund-raising activities or are not the person in charge and other directly responsible personnel, you are a pure victim and have no legal responsibility. If the illegal fund-raising cannot be recovered, the victim can only file a criminal incidental civil lawsuit.
Calling others to participate, suspected of fund-raising fraud and illegal absorption of public deposits, should be investigated for criminal responsibility according to law. If no one else is called to participate, it belongs to the victim and has no legal responsibility, but the money involved in illegal fund-raising is not protected by law. Relevant government departments will try their best to recover illegal fund-raising. If the raised funds cannot be repaid, the participants shall bear the losses themselves.
What are the constitutive elements of the crime of illegal fund-raising
The conditions for the crime of illegal fund-raising are as follows:
1。 Taking individual citizens and collective units as the main body;
2。 Deliberately committing a crime for subjective reasons, knowing that it is illegal, but still committing a crime;
3。 Taking the general management procedure of national finance as the object of crime, which causes harm to the national financial system;
4。 This kind of behavior was done privately without the approval of the relevant departments. Satisfying the above points can constitute the crime of illegal fund-raising
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 192 of the Criminal Law refers to the crime of fund-raising fraud, in which illegal fund-raising is carried out 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.
Article 176 Crime of illegally absorbing public deposits 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.