The criteria for investigating and arresting salesmen shall be determined according to the specific circumstances involved and the comprehensive situation of criminal suspects and defendants. Generally speaking, ordinary salesmen participate in illegal fund-raising and do not pursue criminal responsibility as directly responsible personnel. Deciding whether to bear criminal responsibility can be divided into the following situations:

1, the company ran away, and the salesman did not participate, so there is no need to bear criminal responsibility. Those who operate according to law, have not committed any illegal acts in the course of operation, and violate the criminal law, do not need to bear criminal responsibility; However, due to poor management, it is necessary to bear corresponding civil liability;

2. The operator knows that the platform is illegal, and he will participate in it when he runs. He also knows that it is illegal and must bear certain criminal responsibilities. In handling criminal cases of illegal fund-raising, we should implement the criminal policy of combining leniency with severity, reasonably grasp the scope of criminal responsibility according to law, and comprehensively use criminal and administrative means to deal with and resolve risks, so as to punish the minority and save the majority through education.

According to the actor's objective behavior, subjective malignancy, criminal circumstances, status, role, level and position, we should comprehensively judge the seriousness of the actor's responsibility and the necessity of criminal investigation, and classify the people involved in the case according to the principle of different treatment, so as to adapt the crime and punishment. Focus on punishing the organizers, leaders and managers of illegal fund-raising criminal activities, including the core, management and backbone personnel of higher-level units, management and backbone personnel of lower-level units and other personnel who play a major role in unit crimes.

legal ground

Criminal law of the people's Republic of China

Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.