1, illegal loan, the amount is more than one million yuan;
2, illegal loans, resulting in direct economic losses of more than two hundred thousand yuan.
Conditions for determining the crime of private lending:
1, criminal object. The object of the crime of illegally issuing loans is the national financial management system, specifically the national loan management system;
2. The objective aspect of crime. The crime of illegally issuing loans objectively shows that the actor violates the provisions of laws and administrative regulations, neglects his duty or abuses his power to issue loans, causing heavy losses;
3. Subject of crime. The subject of the crime of illegally issuing loans is a special subject, that is, the staff of banks or other financial institutions, and the unit can become the subject of the crime of illegally issuing loans;
4. Subjective aspects of crime. The crime of illegally issuing loans is subjectively manifested as negligence, that is, the possible heavy losses caused by the actor's illegal loan issuance are due to negligence.
Provisions on the crime of private lending:
1. Employees of banks or other financial institutions who issue loans in violation of state regulations, and the amount is huge or cause 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;
2. If the amount is especially huge or causes particularly heavy losses, 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;
3. Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
To sum up, the standard for filing a private lending crime is to illegally issue loans with an amount of more than one million yuan; Issuing loans in violation of regulations, resulting in direct economic losses of more than 200,000 yuan. Employees 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.
Legal basis:
Article 186 of the Criminal Code of People's Republic of China (PRC).
Crime of illegally issuing loans: staff of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses 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.
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.