What standard should the crime of evading foreign exchange meet before it can be filed?
Criteria for filing the crime of evading foreign exchange: According to Article 46 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Criteria for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs, companies, enterprises or other units that, in violation of state regulations, deposit foreign exchange abroad without authorization or illegally transfer domestic foreign exchange abroad, with a single amount of more than US$ 2 million or a cumulative amount of more than US$ 5 million, shall file a case for prosecution. Article 190 of the Criminal Law stipulates that companies, enterprises or other units that, in violation of state regulations, deposit foreign exchange abroad without authorization or illegally transfer foreign exchange from domestic to overseas, if the amount is relatively large, shall be fined 5% to 30% of the amount of foreign exchange evaded, and the directly responsible personnel in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, the unit shall be fined not less than 5% but not more than 30% of the amount of foreign exchange evaded, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not less than five years. Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II) Article 46 Any company, enterprise or other unit that, in violation of state regulations, deposits foreign exchange abroad without authorization or illegally transfers domestic foreign exchange abroad, with a single amount of more than US$ 2 million or a cumulative amount of more than US$ 5 million, shall file a case for prosecution.