1. A natural person who commits this crime 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. 2. 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 above provisions on personal crime.

Legal analysis

The crime of illegally issuing loans stipulated in the Criminal Law refers to the behavior of banks or other financial institutions and their staff who violate the provisions of laws and administrative regulations, neglect their duties, 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. This should be distinguished from the crime of illegal lending. According to relevant laws and regulations, individuals who illegally issue loans and cause direct economic losses of more than 500,000 yuan shall be prosecuted. If no loss or little loss is caused, it does not constitute a crime and should be punished in accordance with the provisions of the Commercial Banking Law. At this point, this crime is different from the crime of illegally issuing loans to related parties. The crime of illegally issuing loans to related parties constitutes a crime, and this crime only constitutes a crime if it constitutes a major loss.

legal ground

Article 186 of the Criminal Law of People's Republic of China (PRC) stipulates that the crime of illegally issuing loans refers to that the staff of banks or other financial institutions issue loans in violation of state regulations, and if the amount is huge or heavy losses are caused, they 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.