The criteria for filing the crime of illegal fund-raising are as follows:
1. Individuals illegally absorb public deposits of more than 200,000 yuan, and units illegally absorb public deposits of more than1million yuan;
2. Individuals illegally absorb more than 30 public deposits, and units illegally absorb more than 150 public deposits;
3. Individuals illegally absorbing public deposits cause depositors direct economic losses of more than 100,000 yuan, and units illegally absorbing public deposits cause depositors direct economic losses of more than 500,000 yuan;
4. Causing adverse social impact;
5. Other serious circumstances that disrupt the financial order.
The criteria for filing the crime of illegal fund-raising are as follows:
1. Individuals illegally absorb public deposits of more than 200,000 yuan, and units illegally absorb public deposits of more than1million yuan;
2. Individuals illegally absorb more than 30 public deposits, and units illegally absorb more than 150 public deposits;
3. Individuals illegally absorbing public deposits cause depositors direct economic losses of more than 100,000 yuan, and units illegally absorbing public deposits cause depositors direct economic losses of more than 500,000 yuan;
4. Causing adverse social impact;
5. Other serious circumstances that disrupt the financial order.
The sentencing standards for the crime of illegal fund-raising are as follows:
1. 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 more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;
2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five 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;
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated of property.
Common means of illegal fund-raising:
1, promising high returns. Criminals often fabricate the myth of "falling pie from the sky" and "getting rich overnight" and promise investors high returns through profiteering.
2. Fabricate false items. Most lawless elements register legitimate companies or enterprises, and operate projects ranging from traditional planting and breeding to high-tech development, fund-raising for building houses, investment in shares, sale and leaseback under the banner of responding to national industrial policies. Making up false projects under the guise of concluding contracts, promising high fixed income and defrauding public investment.
3. Create momentum with false propaganda. Criminals often spend a lot of money on publicity, hire celebrity endorsements, make social donations, increase publicity and create false momentum.
4. Deceive with affection. Criminals often use relatives, friends and fellow villagers to lure the public to participate in investment with high returns. Some people involved in pyramid schemes, under the mental brainwashing or personal coercion of pyramid schemes, do not hesitate to use their family ties and geographical relationships to attract relatives, friends, classmates or neighbors to join in order to complete or increase their own achievements.
To sum up, illegal fund-raising means that companies, enterprises, individuals or other organizations raise funds from the public or collectives through improper channels without approval and in violation of laws and regulations. Illegal fund-raising in criminal law refers to the crime of illegally absorbing public deposits and the crime of fund-raising fraud.
Legal basis:
Article 192nd of the Criminal Law of People's Republic of China (PRC)
The crime of fund-raising fraud aims at illegal possession and uses fraud to illegally raise funds. If the amount is relatively large, 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; 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.
Article 176
Crime of illegally absorbing public deposits Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, 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 three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
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.
Whoever commits the acts mentioned in the preceding two paragraphs and actively returns the stolen goods before bringing a public prosecution to reduce the occurrence of damage results may be given a lighter or mitigated punishment.
Article 225
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Article 179
Whoever commits the crime of issuing stocks, companies or corporate bonds without the approval of the relevant competent departments of the state, if the amount is huge, the consequences are serious or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 1% but not more than 5% of the amount of illegal fund-raising.
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 five years or criminal detention.