The crime of illegal loans refers to the behavior 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 issue loans to others other than related parties, resulting in heavy losses.

Legal analysis

The following two points should be paid attention to in the crime of illegally issuing loans: (1) To distinguish the crime of illegally issuing loans from non-crime, the following points should be paid attention to: 1. Whether the actor violates the provisions of dereliction of duty or abuse of power. 2. The size of the loss. Without causing heavy losses, it cannot be punished as a crime. (2) The main difference of the crime of illegally issuing loans to related parties is: 1, with different objects. 2. Different behaviors. 3. The specific criteria for constituting a crime are different. To sum up, the criteria for judging the crime of illegally issuing loans are mainly based on the identity, behavior, consequences and behavioral tendencies of the subject. It is worth noting that individuals who illegally issue loans and cause direct economic losses of more than 500,000 yuan will be prosecuted.

legal ground

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.