According to the different targets of crimes, financial crimes include eight types of crimes. Crime of endangering financial management order. Crime of endangering the management order of financial institutions. Crime of endangering credit management order. Crime of endangering the order of securities management. Crime of endangering futures management. Crime of endangering the order of financial ticket management. Crime of endangering the order of foreign exchange management. Crimes that endanger various financial management orders. Article 170 of the Criminal Law, whoever forges money shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated: (1) the ringleaders of counterfeit currency groups; (2) The amount of counterfeit currency is especially huge; (3) There are other particularly serious circumstances.
What constitutes the crime of setting up a financial institution without authorization?
The constitutive elements of the crime of setting up financial institutions without authorization are: the object is the national financial management system; Objectively speaking, commercial banks or other financial institutions are established without the approval of the People's Bank of China; The subject is a natural person or unit with full criminal responsibility; Subjectively, it is direct intention. Article 14 of the Criminal Law of People's Republic of China (PRC) is a deliberate crime, knowing that one's actions will have harmful consequences to society, and hoping or letting such consequences happen, thus constituting a crime. Whoever intentionally commits a crime shall bear criminal responsibility. Article 174 Whoever establishes a commercial bank or other financial institution without the approval of the People's Bank of China shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, 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 not less than 50,000 yuan but not more than 500,000 yuan.
Specific provisions on the constitutive elements of the crime of imparting criminal methods
Constitutive elements of the crime of imparting criminal methods;
1. Subject elements: The subject is a general subject. Anyone who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can become the subject of this crime;
2. Subjective elements: the subjective aspect is intentional, and it can only be direct intentional;
3. Object elements: the infringed object is a complex object;
4. objective elements: the objective aspect is the act of imparting criminal methods. Article 295 of the Criminal Law of People's Republic of China (PRC) teaches criminal methods and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
The crime of hiding drugs is several crimes in criminal law.
The constitutive elements of the crime of hiding drugs are:
1, the object elements, the object of this crime is the national drug control and the normal activities of the national judicial organs;
2. objective factors. Objectively, this crime is manifested as the act of concealing drugs by criminals who smuggle, sell, transport and manufacture drugs;
3, the main elements, the subject of this crime is the general subject;
4. Subjective factors. The subjective aspect of this crime is intentional. Article 349 of the Criminal Law Article 349 of the Criminal Law Article 349 of the Criminal Law Whoever harbours criminals who smuggle, sell, transport or manufacture drugs and conceals drugs or property obtained from crimes for criminals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Drug dealers or other state functionaries who harbor or protect criminals who smuggle, sell, transport or manufacture drugs shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever commits the crimes mentioned in the preceding two paragraphs and conspires in advance shall be punished as the crime of smuggling, selling, transporting and manufacturing drugs.
The punishment of financial ticket crime has been completed.
The punishment standard for the crime of illegally issuing financial tickets is: if the actor illegally issues financial tickets, causing heavy losses, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not less than five years. The sentencing range of this crime has two grades, and the specific sentencing depends on the size of the loss. Article 188 of the Criminal Law of People's Republic of China (PRC) Any employee of a bank or other financial institution who, in violation of regulations, issues letters of credit or other guarantees, bills, certificates of deposit or credit certificates for others, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not less than five years. 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.
What are the specific elements of the crime of illegally invading the computer information system?
The constitutive elements of the crime of illegally invading computer information system are: the object of crime is the security of important national computer information system; Objectively, this crime is manifested as the behavior of the perpetrator violating the state regulations and invading the important computer information system of the state; The subject of this crime is the general subject; Subjectively, this crime is intentional. Article 285 of the Criminal Law whoever, in violation of state regulations, invades computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever, in violation of state regulations, invades a computer information system other than the one mentioned in the preceding paragraph, or uses other technical means to obtain data stored, processed and transmitted in the computer information system, or illegally controls the computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, 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.
Legal basis:
People's Republic of China (PRC) criminal law:
The second part specifies that
Chapter III Crimes of Disrupting the Order of the Socialist Market Economy
Section 4 Crimes of Disrupting the Order of Financial Management Article 174 Whoever establishes a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution without the approval of the relevant competent department of the state shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, 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 not less than 50,000 yuan but not more than 500,000 yuan. Whoever forges, alters or transfers the business licenses or approval documents of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions shall be punished 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 first paragraph.
Operation summary and plan 1
First, hold the semi-annual working meeting of the department to convey and implement the spirit of the semi-annual working meeti