Current location - Loan Platform Complete Network - Bank loan - Article 175 of the criminal law
Article 175 of the criminal law
Criminal law of the people's Republic of China

Article 175 Crime of usury; For the crime of defrauding loans, bill acceptance and financial bills, whoever, for the purpose of lending, obtains credit funds from financial institutions and lends them to others at high interest, and the amount of illegal income is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the amount 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 one time but not more than five times the illegal income.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 175-1 Obtaining loans, bill acceptance, letters of credit, guarantees, etc. Whoever defrauds a bank or other financial institution of funds, thus causing heavy losses to the bank or other financial institution or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

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.

Extended data

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Criminal Cases under the Jurisdiction of Public Security Organs (II)

Article 26 [Case of Lending at High Interest (Article 175 of the Criminal Law)] For the purpose of lending money, anyone suspected of any of the following circumstances shall be put on file for prosecution:

(1) Lending with high interest rate, and the illegal income is more than 100,000 yuan;

(two) although it does not meet the above amount standard, it has been subject to administrative punishment for lending at high interest rate for more than two times in two years, and it has also lent at high interest rate.

Article 27 Whoever obtains a loan, an acceptance bill, a letter of credit or a guarantee from a bank or other financial institution by deception and is suspected of any of the following circumstances shall file a case for prosecution:

(1) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, the amount is more than one million yuan;

(2) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, causing direct economic losses of more than 200,000 yuan to banks or other financial institutions;

(3) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. Take fraudulent means for many times, although it does not meet the above-mentioned amount standard;

(4) Other circumstances that cause heavy losses to banks or other financial institutions or have other serious circumstances.

Wen county Public Security Bureau Network-People's Republic of China (PRC) Criminal Law