Category: Money Tips Date: 2006-11-20
A prosecution expert told reporters, according to China's "Criminal," the provisions of Article 176 "Illegal or disguised to absorb deposits from the public deposits from the public and disrupt the financial order," shall bear the corresponding legal responsibility.
The so-called illegal deposits from the public refers to the violation of national laws and regulations, in the community in order to deposit public funds in the form of an open absorption behavior. The disguised absorbing deposits from the public means other than through the name of the form of deposits, deposits from the public, so as to achieve the purpose of absorbing deposits from the public behavior.
According to Wuhan, the prosecution charges, the conduct should be regarded as a disguised form Delong absorb deposits from the public.
Here, "public deposits" refers to the depositor is not a particular group, if the deposits are just a few people or a specific number of people, such as limited to the unit's internal staff, etc., it can not be considered public funds.
Illegal or disguised deposits from the public, including two situations: First, the perpetrator does not have the deposits of the main qualification, while engaging in such behavior. Second, with the main body of deposits eligible for, but its approach is illegal, as some commercial banks, high interest rates Lanchu acts are illegal sequestration.
The expert said that a charge need to have four main features, namely, the main crime, violating the object, objective hazards, the subjective intent. Similarly, illegal absorb or disguised the crime of absorbing deposits from the public are also from the characteristics of these four aspects of composition.
The main body of the crime may be an individual or unit. More occurred in practice is a legal personality of companies and enterprises engaged in illegal activities to absorb deposits from the public.
The object of the crime of violation of the state's financial management system. Illegal or disguised actors to absorb public deposits to raise interest rates commonly used approach to competing with banks for funds, a large amount of capital concentration into their own hands, resulting in large-scale social idle capital out of control, disrupting financial order.
In addition, the objective aspect of crime in the performance of the act in an objective to implement an illegal deposits from the public or disguised to absorb deposits from the public behavior. Exists in the subjective intent, the perpetrator has the illegal profit-making purposes. However, the perpetrator has a profit-making, the amount of profit is the surplus or deficit will not affect the establishment of the offense.
The experts say that constitutes the offense, must meet to "disrupt the financial order" with it, otherwise, just under the "Commercial Bank Law" the relevant provisions to give the corresponding administrative penalties. According to Supreme Court and the Ministry of Public Security to develop case-building standards, for the absorption of illegal absorption or disguised whether the conduct of public deposits on file for investigation, depending on whether there suspected in one of the following three situations:
First, from illegal absorption or disguised absorb the amount of deposits from the public point of view, personal illegally absorbed or disguised absorb public deposits, the amount of 20 million yuan, the unit of illegally absorbed or disguised absorb public deposits, the amount of 100 million yuan.
The second is from Africa and France to absorb or disguise the number of households to absorb deposits from the public point of view, individuals illegally absorbed or disguised to absorb deposits from the public for more than 30, the unit had illegally absorbed or disguised to absorb public deposits of more than 150.
Third, the economic losses from the point of view, personal illegally absorbed or disguised to absorb public deposits to the depositors, the amount of direct economic losses of 10 million yuan, the unit of illegally absorbed or disguised to absorb public deposits to the depositors, the amount of direct economic losses caused by the of more than 500,000 yuan.
Shanghai Xin Wang Wen Da Law Firm, said Yan Song, China's deposit-taking financial institutions have strict rules, can only be banks, credit unions, postal savings, in addition, including securities companies, trust companies, etc., can not be to the community public deposits. Such as trust companies, only no more than 200 people to a particular trust scheme issued to the public, the funds raised must be used for designated purposes. It should be said, violation of relevant provisions to a variety of funds, trust schemes, trust management, investment shares, the name of a particular community does not persons to raise funds, Xu fixed or relatively stable, or even high returns, which in fact with is similar in nature to absorb deposits from the public.
Of Delong's case, would constitute the crime of illegally soliciting deposits from the public, the key lies in the Department of 6 Delong carried out by financial institutions and customers with high security at the end of fiscal terms of acts of commission characterization. DeHeng have been made from the previous securities, securities-rich Islamic Trust, and other illegal deposits from the public view of the case of first-instance ruling, the court finds that they are commissioned in the name of financial management, line of illegal sequestration in reality.
