The distinction between this crime and non-crime The distinction between the crime of illegally issuing loans and non-crime should mainly pay attention to the following points: (1) Whether the actor has neglected his duty or abused his power in violation of regulations. If the actor neither neglects his duty nor abuses his power, but issues loans to the borrower in accordance with the relevant regulations, and the borrower fails to repay the loan principal and interest on schedule for special reasons, thus causing losses to the lender, since the actor has neither intentionally nor negligently incurred the losses, criminal responsibility can certainly not be investigated. (2) the size of the loss. Without causing heavy losses, it cannot be punished as a crime.
Article 186 of the Criminal Law of People's Republic of China (PRC) * * * Any employee of a bank or other financial institution who issues 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.
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.