What is the latest regulation on illegal fund-raising in Handan in 2022?

First, the latest illegal fund-raising in Handan In judicial practice, when determining the crime of fund-raising fraud, it is necessary to accurately distinguish the crime of fund-raising fraud from non-crime and the boundary between this crime and other crimes. This is not only the central link in judicial practice, but also an important issue that must be deeply discussed and studied in the theoretical circle of criminal law. (1) The boundary between the crime of fund-raising fraud and non-crime When distinguishing the two, the following boundaries must be distinguished: 1. The boundary between illegal fund-raising and legal fund-raising Under the condition of developing market economy, with the approval of the relevant administrative departments of the state, it is legal for the masses to raise funds to set up factories, shops and businesses. Legal fund-raising behavior has the following characteristics: the fund-raiser's fund-raising is approved by the relevant state departments; Fundraisers all have the same purpose; The fundraiser is voluntary; Fund-raisers not only know the purpose, method, term and interest rate of fund-raising, but also know that they have not violated national laws and regulations; The fund-raising behavior fully meets the requirements of relevant national laws and regulations. Only people with the above characteristics can legally raise funds. The fund-raising actor illegally raises funds for the purpose of illegal possession, and the amount is relatively large, which constitutes the crime of fund-raising fraud. 2. The boundary between the crime of fund-raising fraud and the dispute of fund-raising loan refers to the dispute caused by the fund-raiser exaggerating the return conditions of fund-raising and then failing to return the fund-raising funds and dividends in time according to the agreed conditions for various reasons. In this case, although the perpetrator used certain deception means, as long as the perpetrator does not have the purpose of illegal possession subjectively, it does not constitute the crime of fund-raising fraud. 2. Penalty 1. Whoever commits the crime of fund-raising fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever commits the crime of fund-raising fraud, if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property; Whoever commits the crime of fund-raising fraud, the amount of which is especially huge, causing particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall be confiscated. The above-mentioned serious and particularly serious circumstances refer to the huge amount or other serious circumstances, and the huge amount or other particularly serious circumstances respectively. In other words, the amount of illegal fund-raising fraud is not the only basis for sentencing this crime. In the specific punishment, we should not only consider the amount of fund-raising fraud, but also consider the perpetrator's criminal circumstances, such as whether he has been carrying out illegal fund-raising fraud, whether he is the ringleader of the fund-raising fraud group, the economic losses caused to fund-raisers, and the impact on society. , as well as the consistent performance of criminals, their attitudes after committing crimes, and the return of stolen money and goods, and comprehensively evaluate the degree of social harm of their actions, treat them differently, and sentence them to punishment. As for the huge and especially huge starting point, referring to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, 1996 16, individuals and units that raise funds to defraud more than 200,000 yuan and more than 500,000 yuan can be considered as huge; Personal fraud is more than 6.5438 million yuan, and unit fraud is more than 2.5 million yuan, which can be considered as a huge amount. 2. According to Article 200 of the Criminal Law, if a unit commits the crime of fund-raising fraud, it shall be fined; The person in charge and other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years 10 years; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 00 years or life imprisonment. Illegal fund-raising constitutes a fund-raising crime if the amount of funds raised by individuals reaches a certain standard and reaches more than 200,000 yuan. According to the law, the perpetrator is sentenced to fixed-term imprisonment of not more than five years, and according to the amount raised, he is also fined not less than 20,000 yuan but not more than 200,000 yuan. If it is a unit to raise funds, the amount of funds raised reaches 500,000 yuan, which constitutes a crime.