Crime of evading foreign exchange

Crime of fraudulently purchasing foreign exchange

Crime of illegal bill acceptance, payment and guarantee

Crime of illegally issuing financial tickets

Crime of absorbing customers' funds without recording them.

Crime of illegally issuing loans

Crime of illegal use of funds

Crime of using entrusted property in violation of trust

Crime of manipulating securities and futures markets

Crime of tricking investors into buying and selling securities and futures contracts

Crime of fabricating and disseminating false information in securities and futures trading

Crime of trading with undisclosed information

Crime of insider trading and disclosure of insider information

Crime of issuing stocks, companies and corporate bonds without authorization

Crime of forging or altering stocks, companies and corporate bonds

Crime of forging or altering state securities

Crime of stealing, buying or illegally providing credit card information

Crime of obstructing credit card management

Crime of forging or altering financial tickets

crime of illegal absorbing public deposits

Crime of defrauding loans, bill acceptance and financial bills

Crime of usury

Forge, alter or transfer the business license and approval documents of financial institutions.

Crime of setting up financial institutions without authorization

Crime of altering currency

Crime of possessing and using counterfeit money

Crime of financial staff buying counterfeit money and converting it into currency

Crime of selling, buying and transporting counterfeit money

Crime of counterfeiting currency

I. Crime of counterfeiting currency

Article 170 Whoever forges currency 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; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated of property:

(1) ringleaders of counterfeit currency groups;

(2) The amount of counterfeit currency is especially huge;

(3) There are other particularly serious circumstances.

Second, the crime of selling, buying and transporting counterfeit money.

Article 171 Whoever sells or buys counterfeit currency or knowingly transports counterfeit currency, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge, 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; If the amount is huge or there are other 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 20,000 yuan but not more than 200,000 yuan, or his property shall be confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined not less than 10,000 yuan but not more than 100,000 yuan.

Whoever counterfeits currency and sells or transports counterfeit currency shall be convicted and given a heavier punishment in accordance with the provisions of Article 170 of this Law.

Crime of forging, altering or transferring the business license of a financial institution

Article 174 Whoever establishes 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, if the circumstances are serious, 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.

Whoever forges, alters or transfers the 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.

Article 175 Whoever borrows credit funds from financial institutions for the purpose of lending and lends them to others at a high interest rate, and the illegal income is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; 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.

The object of this crime is the management order of national credit funds. Objectively, this crime is manifested as the act of taking credit funds from financial institutions and lending them to others at usury, resulting in a large amount of illegal income. The objective aspects of this crime include the following two elements:

(1) The actor borrows credit funds from financial institutions and lends them to others in the form of usury. The so-called "cheating" means that the actor applies for a loan from a financial institution on false loan reasons or bandwidth conditions without meeting the loan conditions, and obtains bandwidth that cannot be obtained by normal procedures. The so-called "credit funds" refer to policy loans from savings enterprises and other funds from the public that financial institutions can use according to law. After strict examination and approval, they can be used for companies, enterprises, institutions and individuals. The so-called "high-interest lending to others" means that after obtaining credit funds, the actor lends the obtained credit funds to others at a loan interest rate higher than that determined by banks or other financial institutions according to the interest rate regulations of the People's Bank of China, in order to seek illegal interests.

(2) The actor's illegal income is relatively large. As for the specific standards, Article 26 of the "Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II)" issued by the Supreme People's Procuratorate and the Ministry of Public Security on May 7, 20 10 has clear provisions. The subject of this crime includes any natural person and unit with criminal responsibility at the age of 16. Subjectively, this crime is intentional and has the purpose of lending for profit.

Fourth, the crime of illegally absorbing public deposits.

Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting 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 not less than 20,000 yuan but not more than 200,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan.

5. Crime of forging or altering financial instruments

Article 177 Whoever forges or alters a financial ticket under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or 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 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; If the circumstances are especially serious, 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 property:

(1) Forging or altering bills of exchange, promissory notes and cheques;

(2) Forging or altering other bank settlement vouchers such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers;

(3) Forging or altering letters of credit or accompanying documents and documents;

(4) Forged credit cards.

6. The crime of forging or altering state securities; Crime of forging or altering stocks, companies and corporate bonds

Article 178 Whoever forges or alters treasury bills or other securities issued by the state, if the amount is relatively large, 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 amount is huge, 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; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated.

Whoever forges or alters stocks or bonds of companies or enterprises, if the amount is relatively large, 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 10,000 yuan but not more than 100,000 yuan; If the amount is huge, 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 20,000 yuan but not more than 200,000 yuan.

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 preceding two paragraphs.

Seven, the crime of issuing stocks, companies and corporate bonds without authorization

Article 179 Whoever issues stocks or company or enterprise bonds without the approval of the relevant competent department 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.

The object of this crime is the management order of the state issuing stocks, companies and corporate bonds. The objects of this crime are stocks, companies and corporate bonds. This crime is objectively manifested as issuing stocks or corporate bonds without the approval of the relevant competent departments of the state, and the amount is huge, with serious consequences or other serious circumstances. The objective aspects of this crime include the following two elements:

(1) The actor issues stocks or bonds of companies or enterprises without the approval of the relevant competent departments of the state. Unauthorized issuance includes unauthorized or unqualified issuance of stocks or corporate bonds, as well as legally qualified issuance of stocks or corporate bonds in violation of the Securities Law and other laws and regulations.

(2) The above-mentioned acts are under one of three circumstances: huge amount, serious consequences or other serious circumstances. As for its specific standards, Article 34 of the "Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II)" issued by the Supreme People's Court and the Ministry of Public Security on May 7, 20 10 has clear provisions.

Eight, insider trading, disclosure of inside information crime

Article 180 A person who knows or illegally obtains the inside information of securities and futures trading, buys or sells securities or engages in futures trading related to the inside information before the trading of securities and futures or other information that has a significant impact on the trading price of securities and futures is made public, or divulges the information, or explicitly implies that others engage in the above trading activities, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall be fined not less than one time but not more than five times the illegal income.

The scope of inside information shall be determined in accordance with the provisions of laws and administrative regulations.

The scope of insiders shall be determined in accordance with the provisions of laws and administrative regulations.

Employees of financial institutions such as stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies, and staff of relevant regulatory departments or trade associations who engage in securities and futures trading activities related to this information in violation of regulations, or express or imply that others engage in related trading activities, if the circumstances are serious, shall be punished in accordance with the provisions of the first paragraph.

9. The crime of fabricating and disseminating false information in transactions and the crime of buying and selling securities.

Article 181 fabricating and spreading false information that affects securities and futures trading, disrupting the securities and futures trading market.

Employees of stock exchanges, futures exchanges, securities companies and futures brokerage companies, and staff members of securities associations, futures 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, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the circumstances are especially bad, 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 20,000 yuan but not more than 200,000 yuan.

X. crime of manipulating the price of securities trading

Article 182 Whoever manipulates the trading prices of securities and futures, seeks illegitimate interests or passes on risks under any of the following circumstances, if the circumstances are serious, 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:

(a) alone or in collusion with each other, concentrate capital advantages, hold shares or positions, or use information advantages to jointly or continuously buy and sell, and manipulate the trading prices of securities and futures;

(2) colluding with others, trading securities and futures with each other at the time, price and manner agreed in advance, or buying and selling securities that are not held with each other, which affects the trading price or trading volume of securities and futures;

(3) buying and selling securities or buying and selling futures contracts without transferring the ownership of securities, which affects the trading price or volume of securities and futures;

(4) manipulating the trading prices of securities and futures by other means.

Article 183 Employees of insurance companies take advantage of their positions to deliberately fabricate insurance accidents that have never happened and make false claims.

Whoever defrauds insurance money and owns it by individuals shall be convicted and punished in accordance with the provisions of Article 271 of this Law.

Staff members of state-owned insurance companies and personnel assigned by state-owned insurance companies to engage in public service in non-state-owned insurance companies who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

Article 184 Any employee of a bank or other financial institution who, in financial business activities, extorts or illegally accepts other people's property for the benefit of others, or, in violation of state regulations, accepts kickbacks and service charges in various names and takes them for personal possession, shall be convicted and punished in accordance with the provisions of Article 163 of this Law.

Staff members of state-owned financial institutions and personnel assigned by state-owned financial institutions to engage in public affairs in non-state-owned financial institutions who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

Article 185 Staff members of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions who take advantage of their positions to misappropriate the funds of their own units or clients shall be convicted and punished in accordance with the provisions of Article 272 of this Law.

Staff members of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions, and personnel assigned by state-owned commercial banks, stock exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions to engage in public service in non-state-owned institutions specified in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.

Eleven, the crime of illegal loans to related parties, illegal loans.

Article 186 Any employee of a bank or other financial institution who, in violation of the provisions of laws and administrative regulations, issues credit loans or provides secured loans to related parties on terms superior to those of similar loans of other borrowers, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.

Staff of banks or other financial institutions who, in violation of the provisions of laws and administrative regulations, extend loans to people other than related parties, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.

The scope of related parties shall be determined according to People's Republic of China (PRC) Commercial Bank Law and relevant financial laws and regulations.

Twelve, the use of off-balance sheet customer funds illegal lending crime.

Article 187 Any employee of a bank or other financial institution who, for the purpose of making profits, absorbs clients' funds without recording them and uses them to illegally borrow or issue loans, thus causing heavy losses, 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; Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 50,000 yuan but not more than 500,000 yuan.

Article 188 Any employee of a bank or other financial institution who, in violation of regulations, issues a letter of credit or other guarantees, bills, certificates of deposit or credit certificates for others, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not less than five years.

Thirteen, acceptance, payment, guarantee of illegal bills.

Article 189 Any staff member of a bank or other financial institution who, in bill business, accepts, pays or guarantees bills in violation of the provisions of the Bill Law, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years.

Fourteen Crime of evading foreign exchange

Article 190 If a state-owned company, enterprise or other state-owned unit, in violation of state regulations, deposits foreign exchange abroad without authorization, or illegally transfers domestic foreign exchange abroad, if the circumstances are serious, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Fifteen, money laundering crime

Article 191 Whoever knowingly conceals or disguises the illegal gains and benefits of drug crimes, organized crimes of underworld nature, terrorist activities and smuggling crimes, and commits any of the following acts, shall have his property confiscated and 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 5% but not more than 20% of the amount of money laundering; If the circumstances are serious, 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 five percent but not more than twenty percent of the money laundering amount:

(1) Providing capital accounts;

(2) Assisting in converting property into cash or financial instruments;

(three) to assist the transfer of funds through transfer or other settlement methods;

(four) to assist the remittance of funds abroad;

(5) Concealing or concealing the illegal proceeds of crime and their sources and nature by other means. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. "