Criteria for filing a case in Article 193 of the Criminal Law

1. Criteria for filing a case in Article 193 of the Criminal Law The criteria for filing a case in Article 193 of the Criminal Law of the People's Republic of China are that whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan. 1. The filing standard of the crime of loan fraud in Article 193 of the Criminal Law: the case will be filed only if the amount of fraud reaches more than 2, yuan. Those who constitute the crime of loan fraud are generally sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 2, yuan but not more than 2, yuan. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute it, but the unit cannot become the subject of this crime. 2. Legal basis: According to Article 193 of the Criminal Law of the People's Republic of China, whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (2) Using a false economic contract; (three) the use of false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) defrauding loans by other means. Second, what are the constitutive elements of the crime of loan fraud? The constitutive elements of the crime of loan fraud have the following four points: 1. 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 it, but the unit cannot become the subject of this crime. 2. Object elements. The object of this crime is a dual object, which not only infringes on the ownership of loans by banks or other financial institutions, but also infringes on the national financial management system. Loans refer to monetary funds provided by banks or other financial institutions as lenders to borrowers and repay the principal and interest at the agreed interest rate and time limit. 3. Subjective elements. Subjectively, this crime is intentionally constituted, and its purpose is illegal possession. 4. objective elements. Objectively speaking, this crime is manifested in the act of defrauding banks or other financial institutions of loans with a large amount by using fictional facts and concealing the truth. Article 29 of the Criminal Law of the People's Republic of China * * * Whoever forges, manufactures or sells other invoices forged or manufactured without authorization that can be used to defraud export tax rebates or deduct taxes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property. Whoever forges, manufactures or sells invoices other than those specified in the preceding paragraph without authorization shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also or solely be fined not less than 1, yuan but not more than 5, yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 5, yuan but not more than 5, yuan. Whoever illegally sells other invoices that can be used to defraud export tax rebates or deduct taxes shall be punished in accordance with the provisions of the first paragraph. Whoever illegally sells invoices other than those specified in the third paragraph shall be punished in accordance with the provisions of the second paragraph.