Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II)

I. Cases endangering public safety

Article 1 [Terrorist Financing Case (Article 120-1 of the Criminal Law)] Anyone who finances a terrorist organization or an individual who carries out terrorist activities shall file a case for prosecution.

The term "funding" as mentioned in this article refers to the act of raising funds, providing materials or providing places and other material facilities for individuals who organize or carry out terrorist activities. "Individuals who commit terrorist activities" include individuals who plan to commit, prepare to commit and actually commit terrorist activities.

Two. Case of disturbing the order of socialist market economy

Article 2 Whoever smuggles counterfeit money with a total denomination of more than 2,000 yuan or a currency quantity of more than 200 pieces shall file a case for prosecution.

Article 3 [Case of False Reporting of Registered Capital (Article 158 of the Criminal Law)] Whoever deceives the company registration authority and applies for company registration by using false certification documents or other fraudulent means shall file a case for prosecution under any of the following circumstances:

Article 4 [Case of False Capital Contribution or Withdrawal of Capital Contribution (Article 159 of the Criminal Law)] Where the promoters and shareholders of a company violate the provisions of the Company Law, fail to deliver money, goods or transfer property rights after the establishment of the company, make false capital contribution or withdraw capital contribution, they shall file a case for prosecution:

Article 5 Whoever conceals important facts or fabricates major false contents in the prospectus, subscription book and corporate bond offering method, and issues stocks or corporate bonds, if it is suspected of any of the following circumstances, shall file a case for prosecution:

Article 6 [Case of Illegal Disclosure and Non-disclosure of Important Information (Article 161 of the Criminal Law)] A company or enterprise that is obligated to disclose information according to law shall file a case for prosecution if it provides false financial and accounting reports to shareholders and the public, or conceals important facts, or fails to disclose other important information that should be disclosed according to law:

Article 7 [Crime of Impeding Liquidation (Article 162 of the Criminal Law)] When a company or enterprise conducts liquidation, it conceals its property, falsely records its balance sheet or inventory of property, or distributes its property before paying off its debts. Suspected of one of the following circumstances, it shall be filed for prosecution:

Article 8 Whoever conceals or intentionally destroys accounting vouchers, accounting books and financial accounting reports that should be kept according to law shall be placed on file for prosecution under any of the following circumstances:

Article 9 [False Bankruptcy Case (Article 162 bis of the Criminal Law)] If a company or enterprise conceals property, fictitious debts or transfers or disposes of property in other ways and goes bankrupt falsely, it shall file a case for prosecution if it is suspected of any of the following circumstances:

Article 10 Any employee of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property, seeks benefits for others, or takes advantage of his position in economic exchanges, and accepts kickbacks or service fees in various names in violation of state regulations, and the amount is more than 5,000 yuan, shall be put on file for prosecution.

Article 11 [Non-state functionaries accepting bribes (Article 164 of the Criminal Law)] In order to seek illegitimate interests, if an individual takes bribes of more than 10,000 yuan and a unit takes bribes of more than 200,000 yuan, a case shall be filed for prosecution.

Article 12 Where a director or manager of a state-owned company or enterprise takes advantage of his position to run the business similar to that of the company or enterprise he works for himself or for others and obtains illegal benefits, the amount of which is more than 100,000 yuan, he shall file a case for prosecution.

Article 13 [Case of Illegal Profit-making for Relatives and Friends (Article 166 of the Criminal Law)] Staff members of state-owned companies, enterprises and institutions who take advantage of their positions to make illegal profits for relatives and friends shall file a case for prosecution if they are suspected of any of the following circumstances:

Article 14 [Crime of Dereliction of Duty in Signing and Performing Contracts (Article 167 of the Criminal Law)] If the directly responsible person in charge of a state-owned company, enterprise or institution is seriously irresponsible in the process of signing and performing a contract and is defrauded, he shall file a case for prosecution if he is suspected of any of the following circumstances:

Article 15 Staff members of state-owned companies, enterprises and institutions who are seriously irresponsible and are suspected of any of the following circumstances shall file a case for prosecution:

Article 16 [Case of Abuse of Power by Personnel of State-owned Companies, Enterprises and Institutions (Article 168 of the Criminal Law)] If an employee of a state-owned company, enterprise or institution abuses his power and is suspected of any of the following circumstances, he shall file a case for prosecution:

Article 17 [Case of Converting State-owned Assets into Shares at Low Price for favoritism (Article 169 of the Criminal Law)] The person in charge directly responsible for a state-owned company, enterprise or its superior competent department who engages in malpractices for favoritism, converts shares into shares at low prices or sells state-owned assets at low prices shall be placed on file for prosecution if he is suspected of any of the following circumstances:

Article 18 The directors, supervisors and senior managers of a listed company violate their duty of loyalty to the company and manipulate the listed company to engage in acts that harm the interests of the listed company by taking advantage of their positions. The controlling shareholder or actual controller of the listed company instructs the directors, supervisors and senior managers of the listed company to engage in acts that harm the interests of the listed company. Suspected of one of the following circumstances, should be filed for prosecution:

Article 19 Whoever forges money under any of the following circumstances shall file a case for prosecution:

Article 20 Whoever sells, purchases or transports counterfeit money with a total denomination of more than 4,000 yuan or a quantity of more than 400 pieces (pieces) shall file a case for prosecution.

Those who are caught selling counterfeit money shall also be recognized as the amount of counterfeit money sold, except the counterfeit money seized on the spot, and the counterfeit money seized at the residence or other hiding place outside the scene shall also be recognized as the amount of counterfeit money sold.

Article 21 [Case of Financial Staff Buying Counterfeit Money and Converting Counterfeit Money into Currency (Paragraph 2 of Article 171 of the Criminal Law)] Any staff member of a bank or other financial institution who buys counterfeit money or takes advantage of his position to convert counterfeit money into currency with a face value of more than 2,000 yuan or an amount of more than 200 pieces shall file a case for prosecution.

Article 22 [Case of Holding and Using Counterfeit Money (Article 172 of the Criminal Law)] Anyone who knowingly holds and uses counterfeit money with a denomination of more than 4,000 yuan or a monetary amount of more than 400 pieces shall file a case for prosecution.

Article 23 [Crime of Altering Currency (Article 173 of the Criminal Law)] Whoever alters currency with a total denomination of more than 2,000 yuan or a currency amount of more than 200 pieces shall file a case for prosecution.

Article 24 [Case of Unauthorized Establishment of Financial Institutions (Paragraph 1 of Article 174 of the Criminal Law)] If a financial institution is established without the approval of the relevant competent department of the state and is suspected of any of the following circumstances, it shall be filed for prosecution:

Article 25 Whoever forges, alters or transfers the business license or approval document of a financial institution (Article 174, paragraph 2 of the Criminal Law) shall file a case for prosecution.

Article 26 [Case of Lending at High Interest (Article 175 of the Criminal Law)] For the purpose of lending money, anyone suspected of any of the following circumstances shall be put on file for prosecution:

Article 27 Whoever obtains a loan, an acceptance bill, a letter of credit or a guarantee from a bank or other financial institution by deception and is suspected of any of the following circumstances shall file a case for prosecution:

Article 28 [Case of Illegal Absorption of Public Deposits (Article 176 of the Criminal Law)] Anyone who illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts the financial order shall be put on file for prosecution under any of the following circumstances:

Article 29 Whoever forges or alters a financial ticket is suspected of any of the following circumstances, and shall file a case for prosecution:

Article 30 Whoever obstructs credit card management and is suspected of any of the following circumstances shall file a case for prosecution:

(5) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.

Applying for a credit card against the wishes of others by using my ID card, military officer's card, soldier's card, Hong Kong and Macao residents' travel permit to and from the mainland, mainland travel permit for taiwan residents, passport, etc. Or using forged or altered identity documents to apply for a credit card, it shall be deemed as "using false identity documents to defraud a credit card".

Article 31 [Case of Stealing, Buying and Illegally Providing Credit Card Information (Paragraph 2 of Article 177-1 of the Criminal Law)] Whoever steals, buys or illegally provides credit card information of others, which is enough to forge a credit card that can be traded, or is enough to make others trade in the name of the credit card holder, and involves multiple credit cards, shall file a case for prosecution.

Article 32 Whoever forges or alters treasury bills or other securities issued by the state with a face value of more than 2,000 yuan shall file a case for prosecution.

Article 33 Whoever forges or alters stocks, companies and corporate bonds with a face value of more than 5,000 yuan shall file a case for prosecution.

Article 34 [Case of Unauthorized Issuance of Stocks, Companies and Corporate Bonds (Article 179 of the Criminal Law)] Anyone who issues stocks or corporate and corporate bonds without the approval of the relevant competent departments of the state and is suspected of any of the following circumstances shall file a case for prosecution:

Article 35 [Insider Trading and Disclosure of Insider Information (Paragraph 1 of Article 180 of the Criminal Law)] Before the disclosure of securities, securities and futures trading or other information that has a significant impact on the price of securities and futures trading, an insider or unit that knows the inside information of securities and futures trading or an individual or unit that illegally obtains the inside information of securities and futures trading buys or sells securities, engages in futures trading related to the inside information or discloses the information,

Article 36 Employees of financial institutions such as stock exchanges, futures exchanges, securities companies, futures companies, fund management companies, commercial banks and insurance companies, as well as staff of relevant regulatory departments or trade associations, engage in securities and futures trading activities related to this information in violation of regulations, or express or imply others.

Article 37 Whoever fabricates and disseminates false information about securities and futures trading and disrupts the securities and futures trading market shall file a case for prosecution under any of the following circumstances:

Article 38 Employees of stock exchanges, futures exchanges, securities companies and futures companies, and employees of securities industry associations, futures industry associations or securities and futures supervision and administration departments who intentionally provide false information or forge, alter or destroy trading records to trick investors into buying and selling securities and futures contracts shall file a case for prosecution under any of the following circumstances:

Article 39 Whoever manipulates the securities and futures market and is suspected of any of the following circumstances shall file a case for prosecution:

Article 40 If a commercial bank, stock exchange, futures exchange, securities company, futures company, insurance company or other financial institution violates its fiduciary duty and uses client's funds or other entrusted or entrusted property without authorization, it shall file a case for prosecution if it is suspected of any of the following circumstances:

Article 41 Public fund management institutions such as social security fund management institutions and housing provident fund management institutions, as well as insurance companies, insurance asset management companies and securities investment fund management companies, use funds in violation of state regulations and are suspected of any of the following circumstances:

Forty-second banks or other financial institutions and their staff in violation of state regulations to issue loans, suspected of one of the following circumstances, should be filed for prosecution:

Forty-third banks and other financial institutions and their staff have not recorded their clients' funds, and if they are suspected of any of the following circumstances, they should file a case for prosecution:

Forty-fourth banks or other financial institutions and their staff in violation of regulations, issued letters of credit or other guarantees, bills, certificates of deposit, credit certificates for others, suspected of one of the following circumstances, should be filed for prosecution:

Article 45 If a bank or other financial institution or its staff accepts, pays or guarantees bills that violate the provisions of the bill law in the bill business, causing direct economic losses of more than 200,000 yuan, they shall file a case for prosecution.

Article 46 [Case of Foreign Exchange Evasion (Article 190 of the Criminal Law)] If a company, enterprise or other unit, in violation of state regulations, deposits foreign exchange abroad without authorization, or illegally transfers domestic foreign exchange abroad, the single amount is more than US$ 2 million or the accumulated amount is more than US$ 5 million, it shall file a case for prosecution.

Article 47 [Case of fraudulently purchasing foreign exchange (Article 1 of the Decision of NPC Standing Committee on Punishing Crimes of fraudulently purchasing foreign exchange, evading foreign exchange and illegally buying and selling foreign exchange)] If the amount of fraudulently purchasing foreign exchange is more than 500,000 US dollars, it shall be filed for prosecution.

Article 48 [Money Laundering Case (Article 191 of the Criminal Law)] In order to cover up and conceal its source and nature, it is necessary to file a case for investigation and prosecution:

Article 49 [Crime of Fund-raising Fraud (Article 192 of the Criminal Law)] Anyone who illegally raises funds by fraudulent means for the purpose of illegal possession shall be put on file for prosecution if he is suspected of one of the following circumstances: (1) individual fund-raising fraud, the amount of which is more than 100,000 yuan; (two) unit fund-raising fraud, the amount of more than five hundred thousand yuan.

Article 50 [Loan Fraud (Article 193 of the Criminal Law)] Anyone who defrauds a bank or other financial institution of loans for the purpose of illegal possession, with an amount of more than 20,000 yuan, shall file a case for prosecution.

Article 51 Whoever commits financial bill fraud and is suspected of any of the following circumstances shall file a case for prosecution:

Article 52 [Financial Voucher Fraud (Paragraph 2 of Article 194 of the Criminal Law)] Anyone who uses forged or altered bank settlement vouchers, such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers, is suspected of any of the following circumstances, and shall file a case for prosecution:

Article 53 Whoever engages in letter of credit fraud and is suspected of any of the following circumstances shall file a case for prosecution:

Article 54 Whoever commits credit card fraud and is suspected of any of the following circumstances shall file a case for prosecution:

Article 55 [Securities Fraud Case (Article 197 of the Criminal Law)] Anyone who uses forged or altered treasury bills or other securities issued by the state to engage in fraud activities with an amount of more than 10,000 yuan shall file a case for prosecution.

Article 56 Whoever engages in insurance fraud and is suspected of any of the following circumstances shall file a case for prosecution:

Article 57 [Tax Evasion Case (Article 201 of the Criminal Law)] If one of the following circumstances occurs, it shall be filed for prosecution:

Article 58 Anyone who refuses to pay tax by violence or threat and is suspected of any of the following circumstances shall be put on file for prosecution:

Article 59 If a taxpayer fails to pay the tax payable and adopts the means of transferring or concealing property, so that the tax authorities cannot recover the unpaid tax, and the amount is more than 10,000 yuan, it shall file a case for prosecution.

Article 60 Whoever defrauds the state of export tax rebate by falsely reporting exports or other deceptive means, with an amount of more than 50,000 yuan, shall file a case for prosecution.

Article 61 Whoever falsely makes out special invoices for value-added tax, defrauds export tax rebate and tax deduction invoices (Article 205 of the Criminal Law) falsely makes out special invoices for value-added tax or other invoices for defrauding export tax rebate and tax deduction, and falsely makes out more than 10,000 yuan of tax, or defrauds the state tax by more than 5,000 yuan, shall file a case for investigation and prosecution.

Article 62 Whoever forges or sells more than 25 forged special VAT invoices or whose face value is more than 100,000 yuan shall file a case for prosecution.

Article 63 Anyone who illegally sells more than 25 special VAT invoices or whose face value is more than 100,000 yuan shall file a case for prosecution.

Article 64 Anyone who illegally purchases special VAT invoices or forges special VAT invoices (Paragraph 1 of Article 208th of the Criminal Law) or purchases more than 25 forged special VAT invoices or whose face value is more than 100,000 yuan shall be put on file for prosecution.

Article 65 Whoever forges, manufactures or sells more than 50 forged or unapproved non-VAT invoices for defrauding export tax rebates and taxes, or whose face value is more than 200,000 yuan, shall file a case for prosecution.

Article 66 Whoever forges, manufactures or sells more than 100 forged or unapproved ordinary invoices that do not have the function of defrauding export tax rebates or tax deduction, or whose face value is more than 400,000 yuan, shall file a case for prosecution.

Article 67 Whoever illegally sells more than 50 non-VAT invoices that can be used to defraud export tax rebates or tax deductions, or whose face value has accumulated to more than 200,000 yuan, shall file a case for prosecution.

Article 68 Anyone who illegally sells more than 100 ordinary invoices or whose face value is more than 400,000 yuan shall file a case for prosecution.

Article 69 [Case of Counterfeiting a Registered Trademark (Article 213 of the Criminal Law)] If a trademark identical to its registered trademark is used on the same commodity without the permission of the registered trademark owner, it shall be filed for prosecution under any of the following circumstances:

Article 70 [Case of Selling Goods with Counterfeit Registered Trademarks (Article 214 of the Criminal Law)] Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of any of the following circumstances shall file a case for prosecution:

Article 71 Whoever forges or sells another person's registered trademark without authorization and is suspected of any of the following circumstances shall file a case for prosecution:

(4) Other serious circumstances.

Article 73 Anyone who infringes a business secret and is suspected of any of the following circumstances shall file a case for prosecution:

Article 74 Whoever fabricates and disseminates false facts and damages the commercial reputation and commodity reputation of others and is suspected of any of the following circumstances shall file a case for prosecution:

Accusing business operators and advertisement publishers of using advertisements to make false propaganda of goods or services in violation of state regulations, and if they are suspected of any of the following circumstances, they shall file a case for prosecution:

Article 76 Where bidders collude with each other in bidding quotation, or bidders collude with the tenderee in bidding, they shall file a case for prosecution under any of the following circumstances:

Article 77 [Contract Fraud (Article 224 of the Criminal Law)] Anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, and the amount is more than 20,000 yuan, shall file a case for prosecution.

Article 78 In the name of selling goods and providing services, organizations and leaders require participants to obtain the qualification of joining by paying fees or purchasing goods and services, and form a hierarchy in a certain order, directly or indirectly based on the number of people who have developed, to induce and coerce participants to continue to develop others to participate and defraud money and property. In pyramid selling activities that disrupt economic and social order, if there are more than 30 people suspected of organizing and leading pyramid selling activities, and the level is above the third level, the organizers and leaders should be filed for prosecution.

Organizers and leaders of pyramid selling activities mentioned in this article refer to promoters, decision makers and manipulators who play an organization and leadership role in pyramid selling activities, as well as personnel who are responsible for planning, directing, arranging and coordinating pyramid selling activities, or personnel who play a key role in implementing pyramid selling activities.

Article 79 Whoever, in violation of State regulations, conducts illegal business activities and disrupts market order and is suspected of any of the following circumstances, shall file a case for prosecution:

Article 80 Anyone who illegally transfers or resells the land use right for the purpose of making profits and violates the land management regulations shall be put on file for prosecution if he is suspected of any of the following circumstances:

Article 81 [Case of Providing False Certification Documents (Paragraph 1 and Paragraph 2 of Article 229 of the Criminal Law)] Personnel of intermediary institutions who undertake the responsibilities of asset evaluation, capital verification, verification, accounting, auditing and legal services intentionally provide false certification documents, and if they are suspected of any of the following circumstances, they shall file a case for prosecution:

Article 82 The personnel of an intermediary agency responsible for asset evaluation, capital verification, verification, accounting, auditing and legal services are seriously irresponsible, and the documents issued are seriously inaccurate. If they are suspected of any of the following circumstances, they shall file a case for prosecution:

Article 83 Whoever, in violation of the provisions of the Import and Export Commodity Inspection Law, evades commodity inspection, sells or uses imported commodities that must be inspected by the commodity inspection authorities without submitting for inspection, or exports export commodities that must be inspected by the commodity inspection authorities without submitting for inspection, shall file a case for prosecution under any of the following circumstances:

Third, cases of infringement of property.

Article 84 Personnel of companies, enterprises or other units who take advantage of their positions to illegally take the property of their own units shall file a case for prosecution.

Article 85 [Crime of Misappropriation of Funds (Paragraph 1 of Article 272 of the Criminal Law)] A staff member of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others shall file a case for prosecution if he is suspected of any of the following circumstances:

Article 86 Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, resettlement or relief shall file a case for prosecution under any of the following circumstances:

Article 87 The term "multiple times" as mentioned in these Provisions refers to more than three times.

Eighty-eighth the term "although not up to the above-mentioned amount standard" as mentioned in these Provisions means that it is close to the above-mentioned amount standard and reaches more than 80% of the amount.

Article 89 If criminal responsibility needs to be investigated for a preparatory crime, an attempted crime or a discontinued crime, a case shall be filed for prosecution.

Article 90 The standards for filing a case in these Provisions are applicable to crimes committed by this unit, except as otherwise provided by laws, judicial interpretations and these Provisions.

Article 91 The above mentioned in these Provisions includes this number.

Article 92 These Provisions shall come into force as of the date of promulgation. The Supreme People's Procuratorate and the Ministry of Public Security issued the Provisions on the Prosecution Standards of Economic Crime Cases on April 6, 2006 (G.F. [200 1]No.1) and the Supplementary Provisions on the Prosecution Standards of Economic Crime Cases issued by the Supreme People's Procuratorate and the Ministry of Public Security on March 5, 2008 (high