Legal analysis
According to the theory of civil law, the act of "conspiracy to be hypocritical" is invalid for the relative third party, so the false contract signed by the actor and his friend is actually invalid and cannot be used as the basis for bank loans. Therefore, the loan contract used for loans has defects in the expression of will caused by concealing the true meaning, and one party needs to bear the responsibility for contracting negligence. And if the bank finds a problem, it will recover the loan as soon as possible. At this time, if the actor is the payee, he will be forced to pay the loan and its interest as the responsible person, and may not be able to recover it from his friends. In addition, if it cannot be repaid, the bank may solve it through criminal means. At this time, both parties who sign false loan contracts will be investigated for "loan fraud" in the criminal law. According to relevant regulations, if the amount is more than 20,000 yuan, they can file a case for prosecution, and the perpetrator will be in danger of being investigated for criminal responsibility. Depending on the specific circumstances, it may be treated as an accessory or an accomplice.
legal ground
Article 154 of the Civil Code of People's Republic of China (PRC) * * * A civil legal act in which the actor maliciously colludes with the counterpart and damages the legitimate rights and interests of others is invalid.
Article 193rd of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five 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; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) obtaining loans by other means.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the prosecution standard of economic crime cases 42 pages. Loan fraud case (article 193 of the Criminal Law) defrauds banks or other financial institutions of loans for the purpose of illegal possession, and the amount is more than 10,000 yuan, which should be prosecuted.
Article 25 of the Criminal Law of People's Republic of China (PRC) * * * joint crime means that two or more persons * * * intentionally commit joint crime. If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed.
Article 27 of the Criminal Law of People's Republic of China (PRC) is an accomplice who plays a secondary or auxiliary role in a joint crime. An accessory shall be given a lighter, mitigated or exempted punishment.