Illegal fund-raising is a criminal offence, so it is suggested to report it to the local public security organ in time. The victim has the right to report or accuse the criminal facts or criminal suspects who infringe upon his personal and property rights to the public security organ, the people's procuratorate or the people's court.
public security organs, people's procuratorates or people's courts should accept reports, complaints and reports.
Provisions on placing a case on file for illegal fund-raising:
The crime of fund-raising fraud refers to the illegal fund-raising with a large amount by fraudulent means for the purpose of illegal possession.
At present, China's criminal law stipulates four kinds of crimes of illegal fund-raising, which are the crime of illegally absorbing public deposits, the crime of fund-raising fraud, the crime of fraudulently issuing stocks and bonds, and the crime of issuing stocks, companies and corporate bonds without authorization. Punishment standards for various crimes of illegal fund-raising:
Article 24 of the Provisions on Prosecution Standards for Economic Crime Cases jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security in p>21 (hereinafter referred to as "Prosecution Standards") stipulates that anyone who illegally absorbs public deposits or disguises public deposits and disrupts the financial order shall be prosecuted if he is suspected of one of the following circumstances:
(1) An individual illegally absorbs or disguises public deposits, amounting to 2, yuan.
(2) individuals illegally or in disguised form absorb more than 3 public deposits, and units illegally or in disguised form absorb more than 15 public deposits;
(3) if an individual illegally absorbs or disguises public deposits, causing direct economic losses to depositors of more than 1, yuan, and the unit illegally absorbs or disguises public deposits, causing direct economic losses to depositors of more than 5, yuan.
according to the standard of prosecution, individuals who commit fund-raising fraud with an amount of more than 1, yuan, or units who commit fund-raising fraud with an amount of more than 5, yuan, should be criminally prosecuted according to law. Because the crime of fund-raising fraud is subjectively vicious and has great social harm, the crime of fund-raising fraud, which is extremely huge and causes particularly heavy losses to the interests of the country and the people, can be sentenced to death at the highest.
Extended information:
The new law is promulgated:
In order to punish illegal fund-raising crimes such as illegally absorbing public deposits and fund-raising fraud, the Supreme People's Court, together with China Banking Regulatory Commission and other relevant units.
The Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising was studied and formulated, and the judicial interpretation came into effect on January 4, 211. On January 4th, the Supreme People's Court held a press conference to introduce the relevant situation of this judicial interpretation.
In recent years, illegal fund-raising activities are rampant, the number of cases remains high, major cases are frequent, involving a wide area, involving many industries, and many people participating in fund-raising, which not only seriously harms the interests of the people, but also seriously affects social stability and national economic security. Illegal fund-raising has evolved into a typical stakeholder-type economic crime.
the explanation published this time is divided into nine articles. Among them, article 1 clarifies the definition standards and characteristics of illegal fund-raising; Article 2 clarifies the specific behavior of illegally absorbing public deposits; Article 3 clarifies the conviction and sentencing standards for the crime of illegally absorbing public deposits; Article 4 clarifies the specific criteria for determining the elements of "illegal possession purpose" in the crime of fund-raising fraud.
Article 5 clarifies the conviction and sentencing standards for the crime of fund-raising fraud; Article 6 clarifies the specific behavior of issuing stocks, companies and corporate bonds without authorization; Article 7 clarifies the opinions on the qualitative treatment of illegal fund-raising without authorization; Article 8 clarifies the nature identification and punishment standard of false advertising behavior in illegal fund-raising activities.
It is reported that the promulgation of the Interpretation is of great significance to severely crack down on serious illegal fund-raising crimes according to law and raise people's awareness of prevention:
First, the Interpretation clarifies the concept and characteristics of illegal fund-raising, and draws a clear line between illegal fund-raising and legal financing, which is conducive to dispelling criminals' fluky psychology, helping regulatory authorities and case-handling organs to discover and investigate illegal fund-raising activities in time and preventing illegal transformation and illegality of legal financing.
Second, the Interpretation makes specific provisions on the legal application of various crimes related to illegal fund-raising, which is conducive to correctly distinguishing the boundaries between crime and non-crime, crime and crime, and severely punishing serious illegal fund-raising criminal activities according to law.
Third, the Interpretation sorts out all kinds of illegal fund-raising activities in practice, and specially stipulates the handling opinions and punishment standards for false advertising crimes in illegal fund-raising activities, which is conducive to improving the public's awareness and identification ability, eliminating the social incentives for illegal fund-raising activities, and earnestly safeguarding the legitimate rights and interests of the people and social stability.