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What crime did the bank staff commit in issuing loans in violation of regulations? urgent ...
The crime of illegally issuing loans refers to the act of banks or other financial institutions and their staff issuing loans in violation of state regulations, which is huge or causes heavy losses.

Second, the criminal law stipulates that

Article 13 of the Criminal Law Amendment (VI) amends Article 186, paragraphs 1 2 of the Criminal Law as follows: "If a bank or other financial institution and its staff issue loans in violation of state regulations, and 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 causes particularly heavy losses, it shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 20,000 yuan but not more than 200,000 yuan. " "Banks or other financial institutions and their staff who issue loans to related parties in violation of state regulations shall be given a heavier punishment in accordance with the provisions of the preceding paragraph."

The third paragraph of Article 186 of the Criminal Law stipulates: "If a unit commits the crime mentioned in the preceding paragraph, 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."

Paragraph 4 of Article 186 of the Criminal Law stipulates: "The scope of related parties shall be determined in accordance with the Commercial Bank Law of People's Republic of China (PRC) (hereinafter referred to as the Commercial Bank Law) and relevant financial laws and regulations."

Third, the criteria for filing a case.

Banks or other financial institutions and their staff who issue loans in violation of state regulations and are suspected of one of the following circumstances shall file a case for prosecution:

1, issuing loans in violation of state regulations, with an amount of 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.

Fourthly, the constitution of this crime.

The characteristics of the constitutive requirements of this crime are mainly manifested in four aspects:

1, the object of infringement is the national 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, the actor violates the state regulations, neglects his duty or abuses his power, and issues loans to people 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.

Verb (abbreviation of verb) Determination of this crime

1, pay attention to distinguish between crime and non-crime. This crime belongs to consequential offense. Only when the perpetrator causes heavy losses due to illegal loan issuance can he be punished as a crime. It does not constitute a crime if no loss or little loss is caused to the borrower's borrowing behavior.

2. Draw a clear line between one crime and several crimes. When the perpetrator carries out this crime, he often uses loans for personal gain and accepts bribes. If the actor accepts a large amount of bribes, which also constitutes a crime of accepting bribes, he should be punished for accepting bribes and illegally issuing loans.

3. The boundary between this crime and the crime of illegally issuing loans to related parties. Both of them are financial credit crimes, with the same subject and similar criminal forms. The main difference between the two is that:

(1) In terms of the object of loan, the object of the crime of illegally issuing loans to related parties is related parties; The object of this crime is an unrelated person.

(2) The amount of losses that constitute a crime is different. The crime of illegally issuing loans to related parties causes heavy losses, which constitutes a crime, but this crime requires heavy losses to constitute a crime. Geng Chunxiang, Lin Peng, Policy and Regulation Department of Provincial Association