The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued a notice on handling criminal cases of illegal lending.
1. Whoever, in violation of state regulations, regularly gives loans to unspecified social objects for the purpose of making profits without the approval of the regulatory authorities or beyond the scope of business, and disrupts the order of the financial market, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item 4 of Article 225 of the Criminal Law. The term "granting loans to unspecified social objects on a regular basis" as mentioned in the preceding paragraph refers to lending funds to unspecified people (including units and individuals) in the form of loans or other names for more than 10 times within two years.
Second, the implementation of illegal lending with the actual annual interest rate exceeding 36% as stipulated in Article 1 of this opinion is under any of the following circumstances, which belongs to "serious circumstances" as stipulated in Article 225 of the Criminal Law, but if the actual annual interest rate of a single illegal lending behavior does not exceed 36%, it will not be included in the conviction and sentencing: (1) The actual annual interest rate of illegal lending behavior exceeds 36%;
(1) Individuals illegally lend more than 2 million yuan, and units illegally lend more than 6.5438+million yuan;
(two) the cumulative amount of illegal income of individuals is more than 800 thousand yuan, and the cumulative amount of illegal income of units is more than 4 million yuan;
(3) The cumulative number of illegal lending targets of individuals is more than 50, and the cumulative number of illegal lending targets of units is more than 150;
(4) Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.
Criminal law of the people's Republic of China
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or confiscated of his property: (1) dealing in franchise, monopoly goods or other commodities with restricted business as stipulated by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; Other illegal business activities that seriously disrupt the market order.