Current location - Loan Platform Complete Network - Foreign exchange account opening - What is the crime of illegally absorbing public deposits?
What is the crime of illegally absorbing public deposits?
Legal analysis: the crime of illegally absorbing public deposits refers to the act of illegally absorbing public deposits or absorbing public deposits in disguise in violation of national financial management regulations, disrupting financial order. The behavior of this crime is mainly manifested in the following three categories:

1. Illegally raise the deposit interest rate to absorb deposits and disrupt the financial order. Its main performance is: depositors directly set an interest rate higher than the statutory interest rate of the central bank on the deposit certificate delivered to depositors or depositors on the spot. So this method can also be called "reflected in the books".

2. Disrupting the financial order by raising interest rates in disguise to absorb deposits. The so-called disguised increase in deposit interest rate means that although depositors who absorb deposits do not directly increase the deposit interest rate on the issued certificates of deposit, they solicit deposits by withholding them at the time of deposit, or promising to pay them in one lump sum afterwards, perhaps in the form of other material and economic benefits, so that depositors can "happily deposit" in their banks or other financial institutions after actually obtaining the "benefits" equivalent to increasing deposit interest rates. This method can also be called "not reflected in the books". In practice, there are many specific ways for actors to absorb deposits by raising interest rates in disguise, which are roughly as follows:

3. Units that are not qualified to absorb public deposits illegally absorb public deposits and disrupt the financial order. This kind of behavior, whether it is raising the deposit interest rate stipulated by the state or adopting other methods of raising the deposit interest rate in disguise to absorb deposits, is illegal as long as it is engaged in "absorbing public deposits" and constitutes this crime.

Legal basis: Article 176 of the Criminal Law of People's Republic of China (PRC), whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.