1. Individuals illegally issue loans, resulting in direct economic losses of more than 5, yuan;
2. The unit illegally issues loans, resulting in direct economic losses of more than one million yuan.
constitutive requirements of the crime of illegally issuing loans:
1. Subject requirements: the subject is the staff of financial institutions established in China;
2. Subjective elements: subjective negligence;
3. Object elements: the object is the financial management system of the country;
4. objective elements: the behavior is that the actor violates the provisions of laws and administrative regulations, neglects his duty or abuses his power, and issues loans, resulting in heavy losses.
to sum up, the object of the crime of illegally issuing loans is the national financial management system, specifically the national loan management system.
Legal basis:
Article 186 of the Criminal Law of the People's Republic of China
Crime of illegally issuing loans. If a bank or other financial institution issues loans in violation of state regulations, and the amount is huge or heavy losses are caused, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 1, yuan but not more than 1, 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 2, yuan but not more than 2, yuan.
employees of banks or other financial institutions who, in violation of state regulations, issue loans to related parties 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 shall be determined in accordance with the Commercial Bank Law of the People's Republic of China and relevant financial regulations.