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How to deal with illegal loans

1. How to punish illegal loans

If illegal loans are discovered within the bank and dealt with internally, the consequences will be relatively easy. Generally speaking, as long as the bank verifies the existence of illegal loans, all staff handling the loan will receive very serious sanctions. But this result is already relatively light. If it is found that bank handlers violated the law during the loan process, the China Banking and Insurance Regulatory Commission will pay attention and intervene in the investigation. If the situation is true, the handlers will be held legally responsible.

If the staff of a bank or other financial institution violates the provisions of laws and administrative regulations and issues credit loans or guaranteed loans to related parties under conditions that are better than the conditions for similar loans to other borrowers, causing greater losses, Those who cause serious 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 serious losses are caused, they shall be sentenced to fixed-term imprisonment of not less than five years and shall be fined not less than 20,000 yuan but not more than 200,000 yuan. Any staff member of a bank or other financial institution who violates the provisions of laws and administrative regulations by extending loans to persons other than related parties, thereby causing 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 RMB 10,000 but not more than RMB 100,000. ; Whoever causes particularly heavy losses shall be sentenced to imprisonment for not less than five years and a fine of not less than 20,000 yuan but not more than 200,000 yuan.

How to punish illegal loans

2. What are illegal loans?

Illegal granting of loans is illegal. Certain loans are harmful to banks or other financial institutions and their work. Personnel violates the provisions of laws and administrative regulations and causes heavy losses. The determination of criminal acts of violation of loan disbursement mainly starts from several aspects such as the object of the infringement, the amount of loss, and the subjective behavior.

3. Do I still need to repay the loan if I have applied for it illegally and been frozen?

No repayment is required because the loan has not yet arrived in the bank card, the loan contract has not yet taken effect, and the loan platform has not fully Until the loan is credited, the money has not been loaned, so there is no need to repay it every month. Only when the loan funds are successfully disbursed and withdrawn and used by the customer, repayment needs to be made on time according to the prescribed period.

The above is to bring you relevant knowledge about how to punish illegal loans. All staff who handle illegal loans will be punished. If the situation is true, the legal responsibility of the handling personnel will also be investigated. 1. What is illegal lending

A simple definition of the crime of illegal lending means that banks or other financial institutions and their staff violate the provisions of laws and administrative regulations, neglect their duties or abuse their powers, and make money to other parties other than the related parties. The act of granting loans to others and causing heavy losses.

2. What to do if a bank makes illegal loans

(1) If a staff member of a bank or other financial institution issues a loan in violation of state regulations, and the amount is huge or causes heavy losses, he or she shall be sentenced to a prison sentence of not more than five years. If the amount is extremely huge or causes particularly heavy losses, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

(2) If a staff member of a bank or other financial institution violates state regulations and extends loans to related parties, he shall be severely punished in accordance with the provisions of the preceding paragraph.

(3) The subject of the crime of illegally granting loans is a special subject and can only be Chinese-funded commercial banks, trust investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives and other entities established in China. Other financial institutions that engage in loan business, as well as the staff of the above-mentioned financial institutions, any other units including foreign-funded financial institutions (including foreign-funded, Sino-foreign joint ventures, branches of foreign-funded financial institutions, etc.) and individuals cannot be the subject of the crime of illegally granting loans.

(4) If a loan is illegally issued and the amount exceeds one million yuan, a case shall be filed for prosecution.

(5) Anyone who illegally grants loans and causes direct economic losses of more than 200,000 yuan shall be prosecuted.

Legal Basis

Article 186 of the "Criminal Law" If a staff member of a bank or other financial institution violates state regulations by granting loans in a huge amount or causing heavy losses, he shall be punished with a five-year fine If the amount is particularly huge or causes particularly heavy losses, the offender shall be sentenced to fixed-term imprisonment of not less 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 particularly huge or causing particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.