Law

The supreme law issued a newly revised criminal judicial interpretation of illegal fund-raising

2022-02-25   

On the 24th, the Supreme People's Court issued the decision on Amending the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of illegal fund-raising, which revised and improved the conviction and punishment standards for the crime of illegally absorbing public deposits and the crime of fund-raising fraud in the original judicial interpretation, and clarified the application of relevant laws. It is reported that the criminal law amendment (11) has made major changes to the criminal law provisions of the crime of illegally absorbing public deposits and the crime of fund-raising fraud, which has a significant impact on the conviction and sentencing of the crime of illegally absorbing public deposits and the crime of fund-raising fraud. The person in charge of the third criminal division of the Supreme People's court said that in combination with economic and social development and judicial practice, the judicial interpretation of the supreme law on criminal cases of illegal fund-raising urgently needs to be revised and improved, and the relevant conviction and sentencing standards should be appropriately adjusted. According to reports, the revised judicial interpretation has a total of 15 articles, focusing on revising and improving the conviction and sentencing standards for the crime of illegally absorbing public deposits and the crime of fund-raising fraud. At the same time, further revise and improve the characteristic elements of the crime of illegally absorbing public deposits and the behavior mode of illegally absorbing funds, clarify the standard of the amount of fines for the crime of illegally absorbing public deposits and the crime of fund-raising fraud, clarify the principle of concurrent punishment for the crime of illegally absorbing public deposits, the crime of fund-raising fraud and the crime of organizing and guiding MLM activities, and clarify that units commit the crime of illegally absorbing public deposits The conviction and sentencing standards of the crime of fund-raising fraud. The revised judicial interpretation adds new ways of illegally absorbing funds such as online lending, virtual currency trading and financial leasing. At the same time, in view of the prominent problems of illegal fund-raising in the field of elderly care, it adds the situation of "illegally absorbing funds by providing 'elderly care services', investing in' elderly care projects' and selling 'elderly products', so as to punish P2P, virtual currency trading Provide the basis for illegal fund-raising crime. In addition, the revised judicial interpretation defines the conviction and sentencing standards of the crime of illegal absorption of public deposits and the crime of fund-raising fraud, no longer distinguishes between the punishment standards of natural person crime and unit crime, and appropriately improves the criminalization standards of the crime of illegal absorption of public deposits. At the same time, it defines the application of the circumstances of actively returning stolen goods and compensation for the crime of illegally absorbing public deposits. If you actively return stolen goods and compensation before initiating public prosecution and reduce the occurrence of damage results, you can be given a lighter or mitigated punishment. (reporter Luo Sha) (outlook new era)

Edit:Luo yu Responsible editor:Wang er dong

Source:xinhuaNet

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