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What is the standard for filing the crime of illegally issuing loans?
The crime of illegally issuing loans is an act that disturbs the financial order of the country and constitutes a crime if the circumstances are serious. The subject of the crime of illegally issuing loans is generally the staff of banks or other financial institutions, and other units may also be identified as constituting this crime. When judging whether it constitutes this crime, we should fully consider the standard of filing a case. So what is the standard for filing the crime of illegally issuing loans? Let's get to know each other. I. Criteria for filing the crime of illegally issuing loans Article 42 If a bank or other financial institution and its staff issue loans in violation of state regulations, they shall file a case for prosecution: (1) The amount of illegally issuing loans is more than one million yuan; (two) illegal loans, resulting in direct economic losses of more than two hundred thousand yuan. Two. Criminal Law Punishment for the Crime of Illegal Lending Article 186 of the Criminal Law of People's Republic of China (PRC) If a bank or other financial institution issues loans in violation of state regulations, and the amount is huge or heavy losses are caused, it 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. Third, the characteristics of the crime of illegally issuing loans (1) The object of this crime is the national financial management system and the rules and regulations related to loans; (2) The objective manifestation of this crime is: 1. The actor violated the rules, regulations and disciplines related to loans; 2, there are illegal loans to the country caused great losses; 3. The person who illegally issues loans is a person other than the related party. (3) The subject of this crime is a special subject, that is, only people who work in banks or other financial institutions can constitute the subject of this crime, and units can also constitute the subject of this crime; (4) Subjectively, this crime is intentional. The actor knows that his behavior is a deliberate violation of the national financial and loan management system, and hopes that this result will happen. We should distinguish between different criminal subjects. If it is a natural person, then the economic loss that needs to be caused at this time reaches more than 500,000 yuan, then it is considered as the crime of illegally issuing loans. If the unit has such behavior, then the requirement at this time must be that it has caused economic losses of more than 1 10,000 yuan, then it can be considered as this crime.