Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases

1. Individuals illegally issue loans, resulting in direct economic losses of more than 500,000 yuan; 2. The unit issued loans in violation of regulations, resulting in direct economic losses of more than 6,543,800 yuan. According to the second and third paragraphs of Article 186 of the Criminal Law, employees of banks or other financial institutions who, in violation of laws and administrative regulations, make loans to people other than related parties, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 1000 yuan 10000 yuan. Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. To constitute this crime, the standard of "causing great losses" must be met. Compared with the crime of illegally issuing loans to related parties, this kind of crime is relatively less subjective and objective, so the amount required to constitute a crime is correspondingly higher. Item 1 of the standard for filing a case for this crime stipulates that "individuals illegally issue loans, causing direct economic losses of more than 500,000 yuan", and should be placed on file for investigation. The so-called illegal issuance of loans means that the staff of banks or other financial institutions violate the provisions of laws and administrative regulations, are seriously irresponsible or abuse their powers, and issue loans to others other than related parties. Item 2 of the standard for filing a case for this crime stipulates that "if a unit illegally issues loans, resulting in direct economic losses of more than 6,543,800 yuan", it shall file a case for investigation. In the crime of illegally issuing loans, the criteria for determining the amount of losses are generally divided into two situations. One is because of illegal loans, if the direct illegal loans reach more than one million, it can be directly identified as the crime of illegal loans. The other is that illegal loans have caused institutions, and direct economic losses have reached more than 200,000, which can directly identify criminal facts.