Supreme Court: Individuals illegally raise money 200,000 will be held criminally responsible
Source: Internet
Author: User
(reporter Shiwei) the individual illegally absorbs or in disguise absorbs the public deposit, the amount is above 200,000 yuan, will investigate the criminal responsibility. Yesterday, the Supreme People's Court issued the "Supreme People's Court on the trial of illegal fund-raising criminal cases specific application of the law of several issues of interpretation" (hereinafter referred to as "interpretation"). "Interpretation" specifically stipulates the illegal absorption of public deposits crime, fund-raising fraud crime, illegal to raise funds, illegal fund-raising activities in the nature of the false advertising standards. "Interpretation" clearly, not to the public publicity, in relatives or units within the unit to attract funds for specific objects, is not illegal absorption or disguised as the absorption of public deposits. Liu Changjun, Director of the joint office of the State Council for illegal fund-raising, said that the government would not pay for the huge losses incurred by the Government in disposing of illegal fund-raising cases, but would be able to collect the funds of the illegal fund-raising companies to the maximum extent and return them to the participants after the cash was turned over. From 2005 to 2010 June, our country's illegal fund-raising category case more than 10,000, the amount involved is more than 100 billion yuan, each year about 2000, the amount of 20 billion of the scale of the rapid increase. Interpretation of illegal collection of more than 30 people can be prosecuted criminal individuals illegally absorbed or disguised in disguise to absorb public deposits, the amount of more than 200,000 yuan, the unit illegally absorbed or disguised as the absorption of public deposits, the amount of more than 1 million yuan, will be held accountable. If an individual illegally absorbs or absorbs more than 30 people from the public deposit, the unit illegally absorbs or absorbs more than 150 people from the public deposits in disguise, it will be held liable for criminal responsibility. "Interpretation" of the Supreme People's Court, president of the Pei Xianding: In fact, the "interpretation" reduced the illegal financing of the threshold, the standard of crime more severe. In the number of individuals, formerly 30 households, now become 30 people, the former "household" standard is very vague, a family of three is also a family, three generations is a family, this time after the formulation of this issue. "Interpretation" added a clause, "illegal absorption or disguised as the absorption of public deposits, mainly for normal production and operation activities, can promptly repaying absorbed funds, can be exempted from criminal penalties, the circumstances of a significant slight, not as a crime treatment." "This clause embodies the principle of leniency and leniency in criminal justice." Without the approval of the relevant competent authorities of the State, the responsibility for issuing stock bonds issuing shares or companies or corporate bonds in a disguised manner, or distributing them to a particular object, or issuing shares in disguise or companies or corporate bonds with a cumulative amount of more than 200 persons, in order to issue shares or to a company without authorization. , corporate bonds conviction and punishment. "Interpretation" of the Supreme People's court spokesperson, chief of Staff Wang Shaonan: There is a large number of transfer of shares in the form of illegal fund-raising, such as fabricating the company will be listed in the domestic or the issuance of shares to obtain approval and other false information, the sale of so-called "original shares" and so on. Under the Securities Act and the State Council of the State Council to crack down on illegal issue of shares and illegal operation of securities business hasRelevant provisions of the notice on the issue, "interpretation" for the first time expressly identified as unauthorized issuance of shares, companies, corporate bonds Act, constituted a crime, to issue shares, companies, corporate bonds convicted of the crime of punishment, to combat such acts.
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