The nature of illegal bank lending is determined by the behavior itself. If it only violates the internal management system, the internal discipline department of the bank can handle it according to the management system. In case of violation of regulatory laws and regulations, the CBRC may intervene. At that time, in addition to investigating the responsibility of relevant personnel, banks may also be punished; If an act violates the criminal law, such as corruption and bribery, it may bear criminal responsibility, which is more serious.

According to Article 186 of the Criminal Law of People's Republic of China (PRC), the crime of illegally issuing loans refers to the fact that the staff of banks or other financial institutions issue loans in violation of state regulations, and if the amount is huge or heavy losses are caused, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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. "

Staff of banks or other financial institutions who issue loans in violation of state regulations, and the amount is huge or causes heavy losses, 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.

Basic definition

Staff of banks or other financial institutions issue loans in violation of state regulations, which is huge or causes heavy losses.

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.