1. Interest will offset the principal, but it will not be returned-applicable to the case that the principal is not fully recovered. The first paragraph of Article 5 of the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on March 25, 20 14 clearly stipulates: "Illegal absorption of public funds is illegal income. In accordance with the law, recover the interest and dividends paid to fund-raising participants by absorbing funds, as well as the agency fees, benefits fees, rebate fees, commissions, commissions and other fees paid to those who help absorb funds. If the principal of the fund-raising participant has not been returned, the paid refund can be deducted from the principal. "
2. Interest and other income should be refunded-applicable when the total amount of recovered funds is higher than the principal. Legal basis: same as above. In this regard, the first paragraph of Article 11 of the Guiding Opinions on Handling Crime Cases of Illegal Fund-raising by Stakeholders jointly issued by Shanghai Higher People's Court, Shanghai People's Procuratorate and Shanghai Public Security Bureau is more clear: "Interest and dividends paid to fund-raising participants by absorbing funds shall be recovered according to law, regardless of whether the fund-raising participants have left early."
One of the exceptions. The criminal investigation of illegal fund-raising on the online lending platform does not mean that all lenders are fund-raising participants, that is, it does not rule out that some lenders do lend funds directly to borrowers through the intermediary of the online lending platform. Lenders lend money directly to borrowers through the intermediary of peer-to-peer lending Platform, and the source of the lending money is legal, the loan contract is valid, and the interest charged is within the scope of legal protection (the current standard is not more than four times the quoted interest rate of one-year loan market, that is, not more than 15.4% per year). According to the first paragraph of Article 680 of Article 157 of the Civil Code, if the interest charged in the Supreme People's Court's Opinions on Hearing Private Lending Cases, If there is still a balance after offsetting the principal, it shall be returned to the borrower accordingly.
The second exception. Lenders directly lend money to borrowers through the intermediary of online lending platform, but the loan contract is invalid or invalid. According to the provisions of Article 157, Paragraph 2 of Article 680 of the General Principles of the Civil Law and Paragraph 1 of Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, it is deemed that there is no interest, and the interest collected can offset the principal; If there is still a balance after offsetting the principal, it shall be returned to the borrower accordingly.
Note: This article is based on part of lawyer Li Dahe's opinion, which has no direct applicability to specific cases and is for reference only. Readers can entrust professional lawyers to analyze and evaluate their own cases according to the specific circumstances of the cases. Imitate imitators and know the risks.