The criteria for filing the crime of illegally issuing loans are as follows:
1. Banks or other financial institutions and their staff issue loans in violation of state regulations, and the amount is more than one million yuan;
2, in violation of state regulations to issue loans, resulting in direct economic losses of more than two hundred thousand yuan.
What are the constitutive elements of the crime of illegally issuing loans?
The constitutive elements of the crime of illegally issuing loans are as follows:
1, objective elements, the object of infringement is the national financial management system, specifically the national loan management system;
2. The objective requirements objectively show that the actor violates the provisions of laws and administrative regulations, or issues loans, causing heavy losses;
3. Subjective elements, subjectively manifested as negligence, that is, the actor may suffer heavy losses because of his illegal loan issuance due to negligence;
4, the main elements, the main body is a special subject.
Legal basis: Article 186 of the Criminal Law of People's Republic of China (PRC).
Crime of illegally issuing loans: staff of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he 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.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.
The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.
How to identify the crime of illegally issuing loans
China's criminal law stipulates the crime of illegally issuing loans, which means that banks or other financial institutions and their staff violate the provisions of laws and administrative regulations, or issue loans to others other than related parties, causing heavy losses. The subject of the crime of illegally issuing loans is a special subject, which can only be composed of Chinese-funded commercial banks, trust and investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions established in China to engage in loan business and their staff. No other units, including foreign-funded financial institutions (including foreign capital, Sino-foreign joint ventures, branches of foreign-funded financial institutions, etc.). ) and individuals can be the subject of the crime of illegally issuing loans. When determining the crime of illegally issuing loans, we should pay attention to the distinction between crime and non-crime, which is mainly manifested in: 1, whether the actor violates the rules. If the actor fails to issue the loan to the borrower, but complies with the relevant regulations, and the borrower fails to repay the loan principal and interest on schedule for special reasons, thus causing losses to the lender, of course, the actor cannot be investigated for criminal responsibility because he has neither intention nor fault in the loss. 2. The size of the loss. Without causing heavy losses, it cannot be punished as a crime. According to Article 186 of the Criminal Law, employees of banks or other financial institutions who issue loans in violation of state regulations, and the amount is huge or cause heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he 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.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs. Article 186 of the Criminal Law stipulates that employees of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he 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.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.
The latest judicial interpretation of the crime of illegally issuing loans
The crime of illegally issuing loans refers to an act that violates the provisions of laws and administrative regulations and causes great losses to the staff of banks or other financial institutions, or to others other than related parties. A criminal suspect who commits the crime of illegally issuing loans will not only be sentenced to fixed-term imprisonment of not more than five years or criminal detention, but also be fined not less than 10,000 yuan but not more than 100,000 yuan. Whoever causes particularly heavy losses shall not only be sentenced to fixed-term imprisonment of not less than five years, but also be fined not less than 20,000 yuan but not more than 200,000 yuan.
Paragraph 2 of Article 186th of the Criminal Law of People's Republic of China (PRC).
Staff of banks or other financial institutions who, in violation of laws and administrative regulations, extend 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 be fined not less than 10,000 yuan but not more than 100,000 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 the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.
What is the standard for determining the crime of illegally issuing loans?
The standard of the crime of illegally issuing loans is 1, and the object of infringement is the state's management system of financial credit. The staff of banks or other financial institutions illegally extend loans to people other than related parties, which will not only cause great economic losses to the state and financial institutions, but also destroy the national loan management system and disrupt the national financial order. 2. Objectively speaking, the actor has violated state regulations, or issued loans to others other than related parties, causing heavy losses. 3. The subject is a special subject, that is, the actor must be the staff of a bank or other financial institution, and others cannot constitute the subject of this crime. Banks or other financial institutions can also constitute the subject of this crime. Subjectively, it is constituted by negligence, that is, the consequence of heavy losses is negligence. However, the perpetrator's violation of laws and regulations may be intentional.
Legal basis:
Article 186 of the Criminal Law of People's Republic of China (PRC) * * * The staff of banks or other financial institutions issue loans in violation of state regulations, and the amount is huge or heavy losses are caused;
Fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he 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.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.
The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.