Illegal fund-raising is an illegal act that seriously endangers the social and economic order and the safety of the people's property, and has a serious impact on social stability and economic development. In order to maintain social order and protect the legitimate rights and interests of the people, the law stipulates the sentencing standards for illegal fundraising. These sentencing standards are designed to punish the perpetrators of illegal fundraising according to the nature of the crime, the severity of the circumstances and other factors, and to serve as a deterrent and warning.
The sentencing standards for illegal fundraising are as follows:
1. Illegally absorbing or covertly absorbing public deposits in the amount of 1,000,000 RMB or more, or illegally absorbing or covertly absorbing public deposits from 150 or more people, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine.
2. Where the amount of public deposits illegally absorbed or covertly absorbed is 5 million yuan or more, or the amount of public deposits illegally absorbed or indirectly absorbed by 500 or more public deposits, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.
3. Illegally absorbing or covertly absorbing public deposits of 50 million yuan or more, or illegally absorbing or covertly absorbing public deposits from 5,000 or more people, is to be sentenced to 10 or more years imprisonment and a concurrent fine.
If the illegal fundraising constitutes other crimes at the same time, such as fraud and money laundering, it will be convicted and punished according to the heavier crime. It should be noted that illegal fundraising is a serious criminal act that will not only cause economic losses to individuals, but also harm to society as a whole. Therefore, we should abide by laws and regulations, not participate in any illegal fundraising activities, and at the same time be vigilant to protect the safety of our property.
1. Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.
2. The amount of fund-raising fraud of 20 million yuan is particularly huge, and the sentence is more than ten years imprisonment or even life imprisonment. The crime of fund-raising fraud refers to the use of fraudulent methods to illegally raise funds for the purpose of illegal possession, in violation of the provisions of relevant financial laws and regulations, disrupting the normal financial order of the state, and infringing on the ownership of public and private property, and the amount is relatively large.
3. The object of infringement is the state's fund-raising management system and the ownership of public and private property. In the objective aspect, it is manifested as the use of fraudulent methods to illegally raise funds, and the amount is relatively large.
Illegal fundraising can be an individual or a unit, and if it is a unit, it must be more than 150 people.
Individuals illegally absorb or covertly absorb public deposits, the amount is 200,000 yuan or more, and units illegally absorb or covertly absorb public deposits, the amount is more than 1 million yuan; Individuals illegally absorb or covertly absorb 30 or more public deposits; Units illegally absorb or covertly absorb 150 or more public deposits.
Legal basis: Article 192 of the Criminal Law.
Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
The formulation and implementation of sentencing standards for illegal fundraising is crucial to cracking down on the crime of illegal fundraising, maintaining social and economic order, and protecting the safety of people's property. Through clear sentencing standards, judicial organs can be more fair and standardized in handling cases of illegal fundraising, and ensure that criminal acts are punished as they deserve. At the same time, the rationality and scientificity of sentencing standards are also important guarantees for ensuring judicial fairness and social fairness. We will face a lot of legal problems in our daily life, so we should know some legal knowledge so as not to be unable to protect our legitimate rights and interests when we encounter legal problems.
Shentuo Law Firm reminds everyone:If you have time to learn more about the Fa, you won't suffer any loss in case of trouble. If you encounter a legal problem and don't know what to do, you can click the "Call Now" button belowFree consultation