Sentencing standard of the crime of illegally issuing loans

According to judicial practice, if the amount of illegal loans is more than one million yuan, or the amount of direct economic losses is more than two hundred thousand yuan, it should be prosecuted. According to the first paragraph of Article 186 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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.

Constitutive elements of the crime of illegally issuing loans

(1) the object.

The national financial management system violated by the crime of illegally issuing loans is specifically the national loan management system.

The object of this crime is loans from banks or other financial institutions.

(2) objective aspects

The objective manifestation of this crime is the act of issuing loans in violation of state regulations, with a large amount or causing heavy losses.

"Violation of state regulations" refers to violation of all laws or administrative regulations related to credit management, such as the Commercial Bank Law, the Civil Code, the General Principles of Loans, the Measures for the Administration of Loan Certificates, the Measures for the Administration of Credit Funds and the Civil Code.

(3) Main aspects

The subject of this crime is a special subject, which can be a natural person or a unit. The main units include Chinese-funded commercial banks, trust and investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions engaged in loan business established in China. Any other unit, including foreign-funded financial institutions (including foreign capital, Sino-foreign joint ventures, branches of foreign-funded financial institutions, etc.). ) and individuals cannot be the subject of this crime.

(4) Subjective aspects

Subjectively, the crime of illegally issuing loans is generally manifested as negligence, that is, the actor's possible heavy losses due to his illegal issuance of loans are due to negligence, and this negligence is generally overconfident, that is, the actor fails to foresee the possible damage results caused by his behavior of issuing loans in violation of state regulations, or, although he did, credulity can be avoided.

Under certain conditions, intentionally may also violate the crime of illegally issuing loans. That is, although the actor has foreseen that his behavior of issuing loans in violation of state regulations may lead to harmful results, he indulges or actively pursues it.

How to identify the crime of illegal loan

The crime of illegal loan refers to the behavior that banks or other financial institutions and their staff violate the provisions of laws and administrative regulations, or issue loans to people other than related parties, causing heavy losses.

Legal analysis

The crime of illegally issuing loans should pay attention to the following two points: (1) To distinguish the crime of illegally issuing loans from non-crime, we should mainly pay attention to the following points: 1, whether the actor violates the rules. 2. The size of the loss. Without causing heavy losses, it cannot be punished as a crime. (2) The main difference of the crime of illegally issuing loans to related parties is: 1, with different objects. 2. Different behaviors. 3. The specific criteria for constituting a crime are different. To sum up, the criteria for judging the crime of illegally issuing loans are mainly based on the identity, behavior, consequences and behavioral tendencies of the subject. It is worth noting that individuals who illegally issue loans and cause direct economic losses of more than 500,000 yuan will be placed on file.

legal ground

Article 186 of the Criminal Law of People's Republic of China (PRC) * * * Any employee of a bank or other financial institution who issues loans in violation of state regulations and the amount is huge or causes 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. 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.

Criteria for filing the crime of illegally issuing loans

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.

This concludes the introduction of the crime of illegally issuing loans and the constitutive elements of the crime of illegally issuing loans. I wonder if you found the information you need from it?