With reference to Article 110 of the Criminal Procedure Law of People's Republic of China (PRC), any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when it discovers criminal facts or criminal suspects.
The victim has the right to report and accuse the criminal facts or criminal suspects who infringe on his personal and property rights to the 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.
Referring to Article 111 of the Criminal Procedure Law of People's Republic of China (PRC), reports, complaints and reports can be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out.
The staff who accept the complaint and report shall explain the legal responsibility of false accusation and frame-up to the complainant and informant. However, as long as it is not fabricating facts and evidence, even if the facts of the accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation.
Public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. Informants, complainants and informants who are unwilling to disclose their names and report, accuse and report their acts shall keep them confidential.
Extended data
Referring to Article 112 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, promptly review the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Refer to Article 192 of the Criminal Law of People's Republic of China (PRC) for the crime of fund-raising fraud: whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, 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.
Refer to Article 193 of the Criminal Law of People's Republic of China (PRC) for the crime of loan fraud: under any of the following circumstances, whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, 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:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.
Referring to Article 194 of the Criminal Law of People's Republic of China (PRC), the crime of bill fraud and financial voucher fraud: in any of the following circumstances, whoever commits financial bill fraud and the amount is relatively large 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:
(1) knowingly using forged or altered bills of exchange, promissory notes or checks;
(2) knowingly using bills of exchange, promissory notes or checks that are invalid;
(3) fraudulently using other people's bills of exchange, promissory notes or checks.
(four) issuing a bad check or a check that is inconsistent with its reserved seal to defraud property;
(5) The drawer of a bill of exchange or a promissory note issues a bill of exchange or a promissory note without capital guarantee, or makes false records when issuing a bill of exchange or a promissory note to defraud property.
Whoever uses forged or altered bank settlement vouchers such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers shall be punished in accordance with the provisions of the preceding paragraph.
Refer to Article 197 of the Criminal Law of People's Republic of China (PRC) for the crime of securities fraud: whoever uses forged or altered treasury bills or other securities issued by the state for fraudulent activities, if the amount is relatively large, 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.
Referring to Article 224 of the Criminal Law of People's Republic of China (PRC), the crime of leading pyramid selling activities is:
Organizations and leaders who, in the name of selling goods and providing services, require participants to obtain membership qualifications by paying fees or purchasing goods and services, and form a hierarchy in a certain order, directly or indirectly use the number of people they develop as the basis for reward or rebate, induce or coerce participants to continue to develop pyramid schemes that others participate in, defraud property and disrupt economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined.
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
For the determination of the level and number of MLM organizations, please refer to Article 1 of Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Organizing and Leading MLM Activities.
In the name of selling goods, providing services and other business activities, participants are required to obtain the qualification to join by paying fees or purchasing goods and services, and form a hierarchy in a certain order. Directly or indirectly, using the number of development personnel as the basis for remuneration or rebate, luring and coercing participants to continue to develop others' participation, defrauding property and disrupting economic and social order.
If the number of people involved in pyramid selling activities in its organization is more than 30, and the level is above the third level, the organizers and leaders shall be investigated for criminal responsibility according to law. The organization leads multiple MLM organizations, and if the level of a single organization or multiple organizations reaches level 3 or above, the number of people developed by each organization can be calculated together.
If the organizer or leader continues to receive remuneration or kickbacks from the original MLM organization after officially leaving the original MLM organization, the number of levels and personnel developed by the original MLM organization after his departure shall be calculated as the number of levels and personnel developed by him.
In handling criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the people involved in pyramid selling activities one by one due to objective conditions, the criminal facts such as the number of people involved in pyramid selling and the number of levels can be comprehensively determined by combining the evidence collected and verified according to law, such as payment, payment fees, reward rebate records, audio-visual materials, pyramid selling personnel relationship maps, bank account transaction records, internet electronic data, expert opinions and so on.
Refer to the determination of "defrauding property" in Article 3 of Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Organizing and Leading MLM Activities.
Organizers and leaders of pyramid selling activities who fabricate and distort national policies, fabricate and exaggerate business, investment, service items and profit prospects, conceal the true source of remuneration and kickbacks or adopt other fraudulent means, commit the acts specified in Article 224-1 of the Criminal Law, and illegally profit from the expenses paid by participants in pyramid selling activities or the expenses for purchasing goods and services shall be deemed as property fraud. Whether the personnel involved in pyramid schemes think that they have been cheated does not affect the identification of fraudulent property.
Referring to Article 4 of Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Organizing and Leading MLM Activities, it involves the determination of "serious circumstances".
Organizers and leaders of MLM organizations that meet the requirements of the first paragraph of Article 1 of this opinion shall be deemed as "serious circumstances" as stipulated in Article 224 of the Criminal Law in any of the following circumstances:
(a) there are more than one hundred and twenty people organizing and leading pyramid selling activities;
(2) Directly or indirectly collecting pyramid selling funds paid by personnel involved in pyramid selling activities, with a cumulative amount of more than 2.5 million yuan;
(3) Having received criminal punishment for organizing and leading pyramid schemes, or having received administrative punishment for organizing and leading pyramid schemes within one year, and directly or indirectly developing others to participate in pyramid schemes, with more than 60 people;
(four) causing serious consequences such as mental disorder and suicide of the personnel involved in pyramid schemes;
(5) Causing other serious consequences or adverse social impact.
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law
The Supreme People's Court's opinions on several issues concerning the application of law in handling criminal cases of organizing and leading MLM activities.