XXX has maliciously owed hundreds of financial debts, and has been suspected of the crime of loan contract fraud in Article 193 of the Criminal Law, and has filed an investigation. Is this true or not

XXX has maliciously owed hundreds of financial debts, and has been suspected of the crime of loan contract fraud in Article 193 of the Criminal Law, and has filed an investigation. Is this true or not? False. If you are put on file for investigation, the public security organ will notify you and summon you. The current filing standard for the crime of loan fraud is 20,000 yuan, and 8,000 yuan can't meet the filing standard, which can only produce civil liability or administrative liability, but can't constitute criminal liability.

According to the spirit of the Minutes of the National Symposium on the Trial of Financial Crime Cases, which was formed by the Supreme People's Court in Changsha, Hunan Province from September 20 to 22, 2000, in judicial practice, an actor illegally obtained funds by fraudulent means, resulting in a large amount of funds that could not be returned, and under any of the following circumstances, it can be considered as having the purpose of illegal possession:

(1) defrauding a large amount of money knowing that he has no repayment ability;

(2) absconding after illegally obtaining funds;

(3) defrauding funds at will;

(four) the use of fraudulent funds for illegal and criminal activities;

(5) Evading, transferring funds or hiding property to avoid returning funds;

(6) Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds;

(seven) other illegal possession of funds and refused to return. However, in dealing with specific cases, if there is evidence that the perpetrator does not have the purpose of illegal possession, it cannot be punished as financial fraud just because the property cannot be returned.

According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, if the amount of personal loan fraud is more than 654.38 million yuan, it is a "large amount"; If the amount of personal loan fraud is more than 50 thousand yuan, it belongs to "huge amount"; If the amount of personal loan fraud is more than 200,000 yuan, it is a "particularly huge amount".

However, the above-mentioned "large amount" has been changed by Article 50 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security last year. Article 50 of the prosecution standard clearly stipulates that anyone who defrauds a bank or other financial institution of loans for the purpose of illegal possession, with an amount of more than 20,000 yuan, shall file a case for prosecution. Therefore, in China's current judicial practice, the standard of "large amount" of the crime of loan fraud should be 20,000 yuan, while the standards of "huge amount" and "extremely huge amount" have been implemented in accordance with Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, that is, the amount of personal loan fraud is "huge amount" and the amount of personal loan fraud is more than 200,000 yuan.