Sweep to last to be begun deep black work except evil special accuse and denounce at a meeting, essence of life is hit definitely " cover a road to borrow " concerned crime activity, according to the regulation of file of law and concerned judicatory explanation, normative sex, combinative Zhejiang is actual, to dealing with " cover a road to borrow " relevant criminal case a certain number of problem summary are as follows:
One, accurate limit " cover a road to borrow " make element
1.It is a purpose with detinue, folk of make use of's leasehold name, with low interest, without guaranty, fast put borrow etc for bait, prevail on perhaps forces the injured party to sign " leasehold " or covert " leasehold " wait for relevant agreement, through collection " a visit to the parents or schoolchildren or young workers is expended " " investigation is expended " " bail " " intermediary is expended " " guild regulations is expended " " installation is expended " " accrual " " behead ceases " etc one plant or a variety of charge, empty increases loan amount, make give phonily pay trace, ill will to make loan of cognizance break a contact, much platform make the same score evidence of the Zhang, reimbursement that destroy conceal to wait one plant or a variety of means are installed " cover a region " form debt of false creditor's rights to concern, belong to " cover a road to borrow " .
"Cover a road to borrow " the state that normally companion has the case to demand repayment illegally, but either " cover a road to borrow " make element. "Cover a region " more or less to affect " cover a road to borrow " maintain. Did not use " cover a region " , do not belong to " cover a road to borrow " .
2, accurate hold " cover a road to borrow " substaintial
2.It is a purpose with detinue, be " cover a road to borrow " substaintial attribute. In " cover a road to borrow " in the case, should have only " cover a region " , can hold detinue end.
3.The expenses with various items of behavior person collection, empty adds loan to install imparity clause amount, intentionally to wait not to accord with civilian leasehold habit apparently, no matter whether is the other side known perfectly well, all do not affect purpose of travel humanness detinue maintain.
3, maintain truly definitely " cover a road to borrow " conduct character
4.Have " cover a road to borrow " make element, setting all sorts of " cover a region " of diddle other property, with punish of crime of fraud.
"Cover a road to borrow " behave with contract form commonly, but do not answer with punish of contract crime of fraud. Bilk won'ts do, be cheated by place of the other side instead, do not affect the cognizance of crime of fraud.
4, accurate and divisional one blame and number blame
5.Carry out " cover a road to borrow " in the process, behavior person is a purpose with detinue, dummy fact, conceal all or partial truth, wait for a method through lawsuit, arbitration, of diddle other property, conviction with crime of fraud punishment.
6.Carry out " cover a road to borrow " in the process, behavior person carries out blackmail in the light of same person, force to trade, loot, rob, provoke affray those who invade property of other of money method detinue, make pick with embroil commonly one felonious punishment; Be aimed at different person, should count a blame commonly and punish.
7.Carry out " cover a road to borrow " in the process, behavior person is harmed intended homicide, intentionally through carrying out, imprison staking, illegally, the blame such as provoke affray invades property of other of money method detinue, should count a blame commonly and punish.
5, hold collective guilt truly definitely
8.Know perfectly well other to carry out " cover a road to borrow " , the help makes the relevant form text version, method that imparts how to produce false debt evidence perhaps provide other help, accord with what set related collective crime, with punish of accomplice of crime of fraud.
9.Participate in only use illegal means to demand repayment or with false fact to lodge a complaint, arbitration, make crime, the relevant crime decide on sb's punishment that with its specific action forms.
6, amount of accurate cognizance guilt and already abortive punish case
10.In maintain " cover a road to borrow " when guilty amount, should accurate hold " cover a road to borrow " the essential feature of property of guilty detinue other, give whole is negatory evaluation.
11.Carry out " cover a road to borrow " illegal criminality place arises " accrual " " behead ceases " , although expressional form is accrual, but essence is it is a purpose with detinue, the illegal crime gain that folk of make use of's leasehold name produces, all answer plan into guilty amount.
12. " empty high debt " and with " accrual " " behead ceases " " bail " " intermediary is expended " " a visit to the parents or schoolchildren or young workers is expended " " investigation is expended " " the service is expended " " installation is expended " " penalty due to breach of contract " the charge that waits for items agreement, all answer plan into guilty amount. Had been had actually by behavior person, with punish of relevant crime accomplished offense; Have not have actually, can press punish of relevant attempted crime.
13.Behavior person gives actually pay " capital " , should regard as carry out " cover a road to borrow " guilty tools gives confiscate or pursue and wipe out, but not plan join guilty number.
If the injured party is in from behavior person,receive " capital " amount is more than its give actually later behavior person " accrual " " charge " the amount that waits for accumulative total, criterion balance part can be in pursue and wipe out from the injured party. In case investigation process, public security mechanism should pay attention to part of balance of pursue and wipe out.
If go to be used for the person,mask the injured party to already remanded the fact of partial loan, with to lodge a complaint of amount of the loan on leasehold contract, arbitration, the partial loan amount that the injured party already remanded should regard swindler blame as the amount of accomplished offense. Amount of the loan on leasehold contract not plan join guilty number, but exceed leasehold contract amount " accrual " ought to plan join guilty number. If go,be a person already detinue is corresponding " accrual " , criterion accrual plan joins number of bilk crime accomplished offense; If have not detinue is corresponding " accrual " , criterion " accrual " plan join bilk abortive number.
7, accurate hold take into consideration the circumstances from heavy punishment clue
14.Behavior person is carried out " cover a road to borrow " create the victim suicide of person of specific perhaps relation, death, touched or to repay empty high debt and those who carry out the serious consequence such as illegal crime activity, it is person take into consideration the circumstances to going from heavy punishment.
15.Many behavior person is carried out " cover a road to borrow " cause same the injured party or suicide of specific relation person, death, touched, to repay empty high debt and carry out the serious consequence such as illegal crime activity, those who be like person of can affirmatory specific action, it is person take into consideration the circumstances to relevant travel from heavy punishment; Be like what cannot define specific action person, it is person take into consideration the circumstances to overall travel from heavy punishment.
8, implement policy of criminal of aid of broad severe look stoutly
16.Dealing with " cover a road to borrow " in process of relevant criminal case, implement policy of criminal of aid of broad severe look stoutly. To " cover a road to borrow " experience is black evil case, investigating, sue, adjudgement, carry out each phase to reflect lawfully from punish severely place spirit.
To " cover a road to borrow " the prime culprit of relevant crime, " umbrella " or use false suit method to carry out " cover a road to borrow " , should from punish severely place; Right accessary criminal, especially passivity is participated in " cover a road to borrow " crime, age is lighter and guilty clue lighter or admit one's guilt the mood is good, want from wide punishment.
Admit one's guilt admit punish from wide punishment a be policy of criminal of aid of broad severe look important facet, admit one's guilt admit punish general Ying Congkuan to punish; But admit one's guilt admit punish whether from wide reach should think integratedly from wide range.
9, applying date
17.This summary applies since July 24, 2019.
