The crime of usury on-lending refers to the act of violating state regulations by transferring loans or other funds to others at an interest rate higher than that provided by the state, and obtaining high interest, where the circumstances are serious. This kind of behavior not only undermines the order of the financial market and increases the repayment pressure of borrowers, but also may lead to a series of social problems, such as debt disputes, illegal debt collection, etc., so it is prohibited by the criminal law.
In China's criminal law, the crime of usury is a type of economic crime. The specific relevant legal provisions may change over time, so it is necessary to refer to the latest legal documents and judicial interpretations in specific practice.
Violation of state regulations: In violation of the express provisions of the state on the upper limit of interest rates, the perpetrator knew or should have known that his or her conduct was illegal.
Usurious re-lending: Lending the borrowed funds or other funds to others at a higher interest rate than the maximum interest rate set by the state, with the aim of obtaining unjustifiably high interest income.
Serious circumstances: Based on specific legal provisions and judicial practice, a comprehensive judgment will usually be made based on factors such as the amount of the on-loan, the range exceeding the interest rate stipulated by the state, the amount of illegal gains, and the impact on the borrower and society.
According to the specific laws and regulations of different countries and regions, the punishment for the crime of usury may include fines, criminal detention or fixed-term imprisonment. In China, if the circumstances are serious, the perpetrator may be sentenced to fixed-term imprisonment or criminal detention and a fine.
Interest rate standard: A key point in judging the crime of usury is whether the interest rate imposed exceeds the upper limit set by the state. This criterion may change over time, so it is important to refer to the latest legal and policy texts.
Judgment of circumstances: In actual cases, many factors need to be considered in determining whether the circumstances are "serious", such as the amount involved in the case, the amount of illegal interest, the duration of the act, whether there is any misconduct such as forced repayment, and the impact on the debtor.
The legislative purpose of the crime of usury on-lending is to regulate the financial order, protect debtors from exploitation by excessively high interest rates, and at the same time crack down on illegal financial activities and maintain the stability of economic and social order.