How much does illegal fund-raising need to reach to be a crime?

How much does illegal fund-raising need to reach to be a crime? The crime of illegal fund-raising refers to a large amount of illegal fund-raising through fraud for the purpose of illegal possession. Illegal fund-raising is a crime under any of the following circumstances:

Criteria for filing a case: Article 28 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Criteria for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II) [Case of Illegal Absorption of Public Deposits (Article 176 of the Criminal Law)] Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, disrupting the financial order, shall file a case for prosecution under any of the following circumstances:

(1) Individuals illegally absorb or conceal public deposits of more than 200,000 yuan, and units illegally absorb or conceal public deposits of more than 1 million yuan;

(2) Individuals illegally or in disguised form absorb more than 30 public deposits, and units illegally or in disguised form absorb more than 150 public deposits;

(3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 100,000 yuan, and units illegally absorb or absorb public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan;

(4) Causing adverse social impact;

(5) Other circumstances that seriously disrupt the financial order.

In order to punish illegal fund-raising crimes such as illegally absorbing public deposits and fund-raising fraud, the Supreme People's Court, together with the CBRC and other relevant units, studied and formulated the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, which came into effect on 2011. On June 4th, 65438/KLOC-0, the Supreme People's Court held a press conference to introduce the relevant situation of this judicial interpretation.

In recent years, illegal fund-raising activities are rampant, the number of cases remains high, major cases are frequent, involving a wide range of fields and industries, and a large number of people participate in fund-raising, which not only seriously harms the interests of the people, but also seriously affects social stability and national economic security. Illegal fund-raising has evolved into a typical stakeholder economic crime.

Illegal fund-raising Baidu Encyclopedia

What is illegal fund raising? How much is the crime? At present, there is no only quasi-statutory concept about illegal fund-raising, and the criminal law does not stipulate the crime of illegal fund-raising. According to the criminal law, the crimes related to illegal fund-raising include: the crime of illegally absorbing public deposits, the crime of fund-raising fraud and so on.

According to the Notice on Banning Illegal Financial Institutions and Illegal Financial Business Activities (Yinfa [1999] No.41):

"Illegal fund-raising" means that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in cash, in kind or in other ways within a certain period of time.

Characterized in that:

1. Fund-raising without the approval of relevant departments according to law, including fund-raising without the approval of approved departments; The department with the power of examination and approval approves fund-raising beyond the power of examination and approval, that is, the fund-raiser does not have the qualification of fund-raising subject.

2. Promise to repay the principal and interest to investors within a certain period of time. In addition to monetary forms, there are also physical forms and other forms of debt service.

Third, raise funds from unspecified objects in society. The "unspecified object" here refers to the public, not a specific minority.

Fourth, cover up the essence of illegal fund-raising in a legal form.

What are the main types of illegal fund raising?

According to the relevant provisions of the Notice on Further Combating Illegal Fund Raising (Yinfa (1999) No.289), "illegal fund raising" can be summarized as follows:

(1) Absorb funds by issuing securities, membership cards or debt certificates.

(2) Divide real estate, real estate and other assets into equal parts, and raise funds at high interest rate by selling their shares;

(3) illegal fund-raising in the form of folk clubs;

(four) illegal fund-raising in the form of signing economic contracts such as commodity distribution;

(5) Issuing lottery tickets or issuing them in disguised form to raise funds;

(six) illegal fund-raising in the form of pyramid schemes or secret series;

(7) illegal fund-raising in the form of orchard or manor development.

It refers to the behavior that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in the form of money, kind and other income within a certain period of time.

How much is the crime of illegal fund-raising You are not allowed to chase you abroad. If you are suspected of illegal fund-raising, whether to restrict leaving the country depends on whether the behavior is serious. There are usually restrictions.

How long will the illegal fund-raising be sentenced to 3 million? The amount of criminal suspects is extremely huge, depending on whether compensation can be refunded and whether it has caused serious losses and social impact. You can trust me in private.

What is the difference between illegal fund-raising and illegal fund-raising crime? First of all, there is no crime of illegal fund-raising in China's criminal law, but it stipulates the crime of fund-raising fraud and the crime of illegally absorbing public deposits. The so-called crime of illegal fund-raising is a relatively general statement, including non-absorption and fund-raising fraud.

Secondly, the difference between illegal fund-raising behavior and illegal fund-raising crime lies in whether it constitutes a crime or violates the criminal law. It reflects whether the severity is different and whether it violates the national financial management order.

Illegal fund-raising refers to the behavior that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in cash, in kind or in other ways within a certain period of time.

Some illegal fund-raising activities are illegal fund-raising from specific groups, which does not constitute the crime of illegally absorbing public deposits, but it is illegal fund-raising.

How to determine hello if the contract amount of illegal fund-raising crime does not match the actual amount? If the contract amount of the crime of illegal fund-raising is inconsistent with the actual amount, it shall be calculated according to the actual amount.

Crack down on illegal fund-raising crimes 1, stay away from illegal fund-raising and refuse the temptation of high interest rates.

2. Cherish your life's hard work and stay away from illegal fund-raising.

There is no pie in the sky, and getting rich overnight is a trap.

4. Improve risk prevention ability and consciously resist illegal fund-raising.

5. Resist the temptation of raising funds with high interest rates and rationally choose investment channels.

6. Establish a correct concept of financial management and be alert to the trap of illegal fund-raising.

7. Stay away from illegal fund-raising and build a better life.

8. Combat illegal fund-raising and create social harmony.

9. Combat illegal fund-raising and safeguard the interests of the masses.

10. Maintain financial stability and create a harmonious society.

Is it a crime to return all the money illegally raised? It constitutes a crime, but it will be mitigated.

1. The crime of fund-raising fraud refers to the act of illegally raising a large amount of funds for the purpose of illegal possession, violating relevant financial laws and regulations, disrupting the normal financial order of the country, and infringing on the ownership of public and private property. The "illegal possession" in the crime of fund-raising fraud should be understood as "illegal possession". From this concept, we can see that this crime is a crime of purpose, a statutory crime, a crime of amount and a crime of consequence. The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. According to Article 200 of this section, a unit can also be the subject of this crime. Under normal circumstances, this purpose is embodied in transferring the ownership of illegal fund-raising funds to yourself, or squandering them at will, or absconding with the funds after possessing them.

2. The crime of fund-raising fraud in Article 192 of the Criminal Law of People's Republic of China (PRC) is illegal fund-raising by fraud for the purpose of illegal possession. If the amount is relatively large, he 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.

Article 199 of the Criminal Law of People's Republic of China (PRC) stipulates in the death penalty part of the crime of financial fraud that whoever commits the crime specified in Article 192 of this section, if the amount is especially huge and causes particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall also be confiscated.

Article 200 of the Criminal Law of People's Republic of China (PRC) stipulates the punishment for financial fraud committed by the unit. Where a unit commits the crimes specified in Articles 192, 194 and 195 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may also be fined; 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; 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.

3. As for the huge and especially huge starting point, referring to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases 1996 12 16, it can be considered that the amount of fund-raising fraud is more than 200,000 yuan for individuals and 500,000 yuan for units; 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.

4, filing standards

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases, anyone who commits fraudulent illegal fund-raising for the purpose of illegal possession and is suspected of one of the following circumstances shall be prosecuted:

1. Personal fund-raising fraud, the amount of which exceeds 654.38+10,000 yuan;

This mainly refers to illegal fund-raising by fraudulent means for the purpose of illegal possession, and the accumulated amount of single fund-raising fraud has reached more than 654.38+10,000 yuan. The so-called "for the purpose of illegal possession" means that criminals have the subjective purpose of taking illegally raised funds as their own. The so-called "fraud method" means that the perpetrator uses fictitious fund-raising purposes, using false documents and high returns as bait to defraud fund-raising and other means.

B, unit fund-raising fraud, the amount is more than 500,000 yuan.

According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, one of the following circumstances exists. It should be recognized that its behavior belongs to "illegal fund-raising for the purpose of illegal possession and fraud":

(1) escaped with the funds raised;

(2) the fund-raising funds are squandered, which makes it impossible to return the fund-raising;

(three) the use of fund-raising funds for illegal and criminal activities, so that the fund-raising funds can not be returned;

(4) Refusing to return the fund-raising funds due to other fraudulent acts, or making it impossible to return the fund-raising funds. If one of the above-mentioned illegal fund-raising activities amounts to more than 654.38+10,000 yuan, the public security organ shall file a case for investigation.

Beware of five forms of illegal fund-raising crimes. What we should pay attention to now is that there are more and more illegal fund-raising, especially under the guise of * * * *, and some of them are really approved by * * * *, so when investing now, we must understand the development process behind an enterprise and industry, so that the money we invest can be more assured and guaranteed.

How many people and how much does it take to commit fraud and illegal fund-raising? The crime of fraud refers to the act of defrauding public and private property by means of fictional facts or concealing the truth for the purpose of illegal possession. As long as the amount involved reaches 1000 yuan, it can constitute this crime.

The crime of illegal fund-raising refers to a large amount of illegal fund-raising through fraud for the purpose of illegal possession. The amount of this crime is determined according to the standard of the crime of illegally absorbing public deposits. According to Article 28 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs [Illegal absorption of public deposits (Article 176 of the Criminal Law)], anyone who illegally absorbs or conceals public deposits and disrupts the financial order is suspected of one of the following circumstances: (1) An individual illegally absorbs or conceals public deposits of more than 200,000 yuan, and a unit illegally absorbs or conceals public deposits of more than 1 million yuan;

(2) Individuals illegally or in disguised form absorb more than 30 public deposits, and units illegally or in disguised form absorb more than 150 public deposits;

(3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 100,000 yuan, and units illegally absorb or absorb public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan; (

4) Causing adverse social impact; (5) Other circumstances that seriously disrupt the financial order. "