1, (1) Crime of endangering monetary management order;
(2) Crimes endangering the management order of financial institutions;
(3) Crimes endangering the order of credit management;
(4) Crime of endangering the order of securities management;
(5) Crime of endangering futures management;
(six) crimes that endanger the order of financial ticket management;
(seven) crimes such as endangering the order of foreign exchange management.
2. Legal basis: Criminal Law of People's Republic of China (PRC).
Article 174
Crime of setting up a financial institution Whoever sets up a commercial bank, a stock exchange, a futures exchange, a securities company, a futures brokerage company, an insurance company or other financial institution without the approval of the relevant competent department of the state shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Crime of forging, altering or transferring business licenses or approval documents of financial institutions Whoever forges, alters or transfers business licenses or approval documents of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions shall be punished in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 first paragraph.
Article 175
The crime of lending with high interest rate is aimed at lending, and if the amount of illegal income is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than one time but not more than five times the illegal income shall be imposed; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Second, what are the characteristics of financial crimes?
diversification
Financial crimes occur not only in commercial banks, but also in the people's bank system and other non-bank financial institutions that exercise the function of supervision and coordination. Financial crimes are all over the financial industry.
conceal
1, the concealment of criminal means, most financial crimes are fraud, seemingly calm, but in fact there is a hidden crisis.
2, the concealment of the harmful results of financial crimes, the harmful results of financial crimes often appear after a period of time.
3. The concealment of the identity of the criminal subject. Most of the criminal subjects are internal staff of financial institutions. Under the cover of legal status, they violate financial laws and regulations or make use of the negligence of laws and management systems to commit crimes, which is not easy to be suspected and discovered.
(3) intelligence
Financial crime is a kind of crime with obvious intelligence and complicated criminal means. Criminals not only use financial knowledge, but also use high-tech and high-tech means to commit crimes, and some use domestic inter-bank and international credit settlement business to commit crimes, which is more intelligent than ordinary criminal crimes.
3. How long is the detention period for investigation of financial crimes?
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 156 The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Article 157 For particularly serious and complicated cases that are not suitable for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 158 If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 156 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 159 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 158 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.
Article 160 In the course of investigation, if a criminal suspect is found to have committed other major criminal acts, the time limit for investigation and detention shall be recalculated from the date of discovery in accordance with the provisions of Article 156 of this Law.
If a criminal suspect does not give his real name and address and his identity is unknown, his identity shall be investigated, and the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear, the evidence is true and sufficient, and it is really impossible to find out his identity, he can also sue and try according to his self-reported name.
Generally speaking, there are many kinds of financial crimes, and there are also many charges about financial crimes in our legal system. A brief understanding of the types of financial crimes. The key point is that when people buy financial products in unfamiliar financial fields, they must carefully understand the relevant legal knowledge.