After all criminal cases must reach level of put on record, the country just can be handled according to criminal case, investigate the criminal duty of the other side. Collect money illegally nature is not exceptional also, collect money so illegally what is the standard of put on record of crime? The lawyer speaks the 427th period invite lawyer of Pan Xin Li to solve problem of this kind of law for everybody. Let us read the conversational content of lawyer of Pan Xin Li together next.
One, what dispute law collects money?Lawyer of Pan Xin Li answers: Collect money illegally be not a separate charge, however a general designation of a kind of crime, according to top people court " collect money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " , collect money illegally kind crime basically includes to admit public deposit guilt illegally (criminal law the 176th) , collect money crime of fraud (criminal law the 192nd) and do sth without authorization issues blame of bond of stock, company, enterprise (criminal law the 179th) wait for many specific accusation. Afore-mentioned accusation have the immanent connection on objective behavior or similar sex, because this is in judicatory practice,all is called collect money illegally criminal case.
2, collect money illegally blame how does standard of put on record set?Lawyer of Pan Xin Li answers: Because collect money illegally,two accusation with criminal common case deposit money to absorb the public illegally blame and collect money crime of fraud, the standard of put on record of two accusation narrates before analysing only below:
1, the standard of put on record that admits public deposit guilt illegally.
Top people court " collect money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems "
The 3rd be absorbed illegally or covert draw public deposit, have one of following state, ought to investigate criminal duty lawfully:
(One) the individual is absorbed illegally or covert absorb the public to deposit money, amount is in of 200 thousand yuan of above, the unit is absorbed illegally or covert draw public deposit, amount is in the; of 1 million yuan of above
(2) the individual is absorbed illegally or covert draw public deposit target of 30 people above, the unit is absorbed illegally or covert draw public deposit target the; of 150 people above
(3) the individual is absorbed illegally or covert absorb the public to deposit money, be in into amount of immediate pecuniary loss to deposit man-made of 100 thousand yuan of above, the unit is absorbed illegally or covert draw public deposit, be in into amount of immediate pecuniary loss to deposit man-made the; of 500 thousand yuan of above
(4) cause abominable society to affect other perhaps and serious consequence.
2, collect money the standard of put on record of crime of fraud.
In objective behavior respect, the objective action that wants behavior person only is belonged to be absorbed illegally or covert absorb the public to deposit money, have detinue objective, in order to collect money punish of crime of fraud.
In guilty amount respect, top people court " collect money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems "
The 5th the individual undertakes fund raising bilk, amount is in of 100 thousand yuan of above () of amount of put on record, ought to maintain for " number is larger " ; amount is in of 300 thousand yuan of above, ought to maintain for " amount is huge " ; amount is in of 1 million yuan of above, ought to maintain for " amount is particularly huge " .
The unit undertakes fund raising bilk, amount is in of 500 thousand yuan of above () of amount of put on record, ought to maintain for " number is larger " ; amount is in of 1.5 million yuan of above, ought to maintain for " amount is huge " ; amount is in of 5 million yuan of above, ought to maintain for " amount is particularly huge " .
Lawyer of Pan Xin Li answers: Top people court " collect money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems "
The first disobeys national finance to manage legal provision, to social community (include unit and individual) the action that draws fund, have at the same time following of 4 conditions, have a regulation additionally except criminal law beyond, ought to maintain it is what criminal law sets the 176th times " absorb the public illegally to deposit money to perhaps covert absorb the public to deposit money " :
(One) absorb capital;(illegal sex without be approved lawfully about the branch or using the form that manages legally)
(2) through media, recommend the way such as short message of meeting, handbill, mobile phone to publicize;(publicly to make public a gender to the society)
(3) acceptance is inside proper time pay redound;(lure by promise of gain the gender with the means such as money, objective, equity repays captital with interest or giving)
(4) to social community namely the society is not specific the object draws fund. (Sociality)
Corresponding afore-mentioned explanatory clauses, collect money illegally the crime of the type has 4 features, it is sex of illegal sex, open sex, lure by promise of gain, sociality respectively.
4, how to distinguish collect money illegally and is folk leasehold?Lawyer of Pan Xin Li answers: Folk is leasehold as a kind civil contract concerns, collect money illegally to violate criminality as a kind, both between do not have any associated sexes originally. However, as the progress of social development and science and technology, especially the occurrence of P2P finance mode, let both appeared in explicit performance side at least similar sex. As mode of finance of near future P2P especially of network P2P platform in succession " explode thunder " , divisional and illegal collect money and folk is leasehold appear to capital safety of the people it is important to be sent more.
In fact, collect money illegally to distinguish leaseholdly with folk the sociality that collects money illegally now with respect to body and open sex on two features. In short, encounter this kind of doubt, can ask oneself two questions:
1, whether do the person that lends money or orgnaization lend money to specific small number of people only, still draw fund widely to not specific public?
2, do the person that lends money or orgnaization have without through media, recommend the way such as short message of meeting, handbill, mobile phone to publish conduct propaganda to the society?
If be to pass media, recommend the way such as short message of meeting, handbill, mobile phone to make public conduct propaganda to draw fund widely to not specific public to the society, collect money illegally namely undoubtedly behavior. Answer relatively to it, the person that lends money or orgnaization lend money to specific small number of people through be not public manner, attribute civilian leasehold action.
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The picture all comes from a network, tort connection needs cutout
