What are your views on several issues concerning the application of law in handling criminal cases of illegal fund-raising? 1. Regarding the issue of administrative identification, the identification of the nature of illegal fund-raising by the administrative department is not a necessary procedure for criminal cases of illegal fund-raising to enter criminal proceedings. If the administrative department fails to characterize illegal fund-raising, it will not affect the investigation, prosecution and trial of illegal fund-raising criminal cases. The public security organs, people's procuratorates, and people's courts shall determine the nature of the facts of the case in accordance with the law. For cases with complicated circumstances and difficult characterization, you can refer to the determination opinions of relevant departments and conduct characterization based on the facts of the case and legal provisions. 2. Regarding the determination of "disclosure to the public" "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising" "disclosure to the public" in Article 1, paragraph 1, item 2, includes various ways Disseminate information on the absorption of funds to the public, knowing that the information on the absorption of funds has been disseminated to the public and leaving it alone. three. Determination of "Public" The following situations do not fall within the category of "absorbing funds for specific objects" as stipulated in Article 1, Paragraph 2 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund Raising" and should be deemed to be "absorbing funds for specific objects". Absorbing funds: (1) In the process of absorbing funds from relatives, friends or internal personnel of the unit, knowingly absorbing funds from unspecified persons; (2) For the purpose of absorbing funds, absorbing social personnel as internal personnel of the unit and absorbing funds from them . Four. How to deal with sin? Providing help for others to illegally absorb public funds and charging them agency fees, favor fees, rebate fees, commissions, royalties and other fees constitute illegal fund-raising, which is a crime and shall be investigated for criminal responsibility in accordance with the law. Those who can return the above fees in time may be given a lighter punishment in accordance with the law; if the circumstances are minor, they may be exempted from punishment; if the circumstances are obviously minor and the harm is not great, they will not be treated as a crime. 5. Regarding the recovery and disposal of the property involved in the case, illegal absorption of funds from the public is illegal income. The interest, dividends and other returns paid to fund-raising participants from the absorbed funds shall be recovered in accordance with the law, as well as agency fees, benefit fees, rebate fees, commissions, commissions and other fees paid to those who helped absorb the funds. If the principal of a fundraising participant has not been repaid, the repayment paid can be offset against the principal. If the illegally absorbed funds and the converted property are used to pay off debts or are transferred to others, and any of the following circumstances occur, they shall be recovered in accordance with the law: (1) Others know that they are the above-mentioned funds and properties; (2) Others obtain the above-mentioned funds and properties for free. property; (3) Others obtain the above-mentioned funds and property at prices significantly lower than the market price; (4) Others obtain the above-mentioned funds and property from illegal debts or illegal and criminal activities; (5) Other circumstances that should be recovered in accordance with the law . If the property involved in the case that is seized, detained, or frozen is prone to depreciation and has high storage and maintenance costs, it may be sold or auctioned in accordance with relevant regulations before the conclusion of the litigation. The proceeds shall be kept by the sealing, detaining and freezing authorities and will be disposed of together after the litigation is concluded. The property involved in the case that has been sealed, detained, or frozen should generally be returned to the fund-raising participants after the litigation is concluded. If the property involved in the case is not returned in full, it shall be returned in proportion to the amount raised by the fund-raising participants. Intransitive verbs When collecting evidence in criminal cases of illegal fund-raising, if it is indeed impossible to collect verbal evidence from fund-raising participants one by one due to objective constraints, the verbal evidence collected from fund-raising participants can be combined with written contracts and bank account transaction records , accounting vouchers and accounting books, fund receipt and payment vouchers, audit reports, Internet electronic data and other evidence are combined to comprehensively determine the number of illegal fund-raising objects, the amount of funds absorbed and other criminal facts. seven. Handling of Civil Cases: If the public security organs, people's procuratorates, and people's courts are investigating, prosecuting, or trying illegal fund-raising criminal cases, if the relevant units or individuals file a civil lawsuit with the people's court or apply for the execution of the property involved in the case based on the same fact, the people's court will not accept the case. And transfer relevant materials to the public security organs and procuratorial organs. If the people's court discovers illegal fund-raising crimes during the trial of a civil case or during the execution process, it shall rule to dismiss the prosecution or suspend execution, and transfer relevant materials to the public security organs or procuratorial organs in a timely manner.
When the public security organs, people's procuratorates, and people's courts discover, during the investigation, prosecution, or trial of illegal fund-raising criminal cases, that the civil cases being heard by the people's courts belong to the same facts, or the property applied for execution belongs to the property involved in the case, they shall promptly notify the relevant people's courts. If the People's Court determines upon review that a crime is indeed suspected, it shall be handled in accordance with the provisions of the preceding paragraph. 8. Regarding the handling of cross-regional cases, cross-regional criminal cases of illegal fund-raising can be handled by public security organs, people's procuratorates, and people's courts in different regions on the basis of ascertaining the criminal facts. For criminal cases of cross-regional illegal fund-raising that are handled separately, the property involved in the case shall be disposed of in accordance with a unified plan. If a staff member of a state agency disposes of the property involved in a case in violation of regulations, constituting a crime such as dereliction of duty, he or she shall be held criminally responsible in accordance with the law. The above is an introduction to some opinions on applicable laws in handling criminal cases of illegal fund-raising. I hope it will be helpful to you. If you want to know more, please pay attention to the official website and consult our lawyers online. We will serve you wholeheartedly.
Legal Objectivity:
Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising Article 1 Violation of national financial management laws and regulations to be absorbed from the public (including units and individuals) Funding activities that meet the following four conditions at the same time shall be deemed as "illegal absorption of public deposits or disguised absorption of public deposits" as stipulated in Article 176 of the Criminal Law, unless otherwise provided in the Criminal Law: (1) Without the relevant provisions of the Criminal Law, The department has legally approved or borrowed legal business forms to absorb funds; (2) Publicity to the society through media, promotion meetings, leaflets, mobile phone text messages, etc.; (3) Commitment to repay principal and interest or pay returns in the form of currency, physical objects, equity, etc. . Within a certain period of time; (4) Absorbing funds from the public, that is, unspecified social objects. Absorbing funds from relatives, friends or units from specific targets without publicizing it to the public does not constitute illegal absorption or disguised absorption of public deposits.