In the past, the annual interest rate of IOUs exceeded 36%, and the excess was not protected, but it was not punished. The new law stipulates that the annual interest rate of a single loan exceeds 36%, and if the circumstances are serious, it commits the crime of illegal business operation.

Even if the annual interest rate exceeds 36%, it is not serious and does not constitute a criminal offence. What is serious? Under any of the following circumstances:

1, in which individuals lend more than 200w or the illegal income is more than 80w, and units lend more than 1000w or the illegal income is more than 400 w.

2. There are more than 50 individual lenders and more than 150 corporate lenders.

3. Causing the borrower or his close relatives to commit suicide, death or mental disorder and other serious consequences.

Therefore, ordinary people's loans will generally not exceed 200w W, and the new law is aimed at individuals or units specializing in usury lending business. Of course, ordinary people can borrow ordinary money to engage in usury, but the part with interest rate exceeding 36% is not protected by law.

Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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; 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 the illegal income or his property shall be confiscated: (1) dealing in monopoly commodities or other commodities whose trading is restricted by laws and administrative regulations without permission; (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; (3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state; (four) other illegal business activities that seriously disrupt the order of the city.

On April 9, 2009, the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice issued Opinions on Several Issues Concerning Handling Criminal Cases of "Routine Loans", punishing crimes committed by evil forces and illegal lending activities according to law, earnestly safeguarding the national financial market order and social harmony and stability, and protecting the legitimate rights and interests of citizens, legal persons and other organizations. 20 19, 10 and 2 1 two judicial documents, Opinions on Handling Criminal Cases of Illegal Lending (hereinafter referred to as "Interpretation"), were issued, which explicitly and severely cracked down on routine lending (crime of fraud) and usury (crime of illegal business operation) and put usury in prison. Only when the monthly interest exceeds a few minutes, how many times it has been released, and how much the loan amount and illegal income exceed can it be determined. Now, the "Opinions on Several Issues Concerning Handling Criminal Cases of Illegal Lending" is simply interpreted as follows, for reference only:

1. Does a single loan with a monthly interest of less than 3 points constitute the crime of illegal business operation? Does the monthly interest rate exceed 3 points necessarily constitute the crime of illegal business operation?

According to Article 2 of Opinions on Handling Criminal Cases of Illegal Lending, illegal lending is carried out at an actual annual interest rate of over 36%. Under any of the following circumstances, it is a "serious case" as stipulated in Article 225 of the Criminal Law, but the actual annual interest rate of a single illegal loan does not exceed 36%. Conviction and sentencing are not included: from the literal meaning of this clause, a single loan with a monthly interest of less than 3 points is not included in the scope of attack, and no matter how much the loan is, it is not treated as an illegal business operation crime. However, if the monthly interest rate is less than 3 points, it may be suspected of routine loan (fraud). However, if borrowing is the main business and there is no loan qualification, the loan contract with a monthly interest of 3 points may be deemed invalid by the people's court. When a loan contract is deemed invalid, it shall not claim the interest stipulated in the contract.

If the monthly interest rate exceeds 3 points, you must have serious circumstances suspected of illegal business operations, rather than being criminally attacked if the monthly interest rate exceeds 3 points.

Second, what kind of situation will be serious if the monthly interest rate exceeds 3 points?

(a) the cumulative amount of illegal lending by individuals is more than 2 million yuan, and the cumulative amount of illegal lending by units is more than 6,543,800 yuan;

(two) the cumulative amount of illegal income of individuals is more than 800 thousand yuan, and the cumulative amount of illegal income of units is more than 4 million yuan;

(3) There are more than 50 illegal lending targets for individuals and more than 150 illegal lending targets for units;

(4) Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.

(5) The amount of illegal lending, the amount of illegal income, and the number of illegal lending targets are close to the above-mentioned first to third standards (generally close to more than 80%), and under any of the following circumstances:

1, having received more than 2 administrative penalties for illegal lending within 2 years;

2. Illegal borrowing has exceeded 65,438+00 times, and the actual annual interest rate has exceeded 72%.

(6) The amount of illegal lending, the amount of illegal income and the number of illegal lending targets have reached more than 50% of the above-mentioned first to third standards; At the same time, with the above fifth situation, the standard can be relaxed to more than 40%.

Three, the monthly interest rate of more than 3%, and the circumstances stipulated in the second above are serious, does it necessarily constitute the crime of illegal business?

The answer is no, according to Article 1 of the Opinions on Several Issues Concerning Handling Criminal Cases of Illegal Lending: those who violate the provisions of the state, without the approval of the regulatory authorities, or go beyond the scope of business, often provide loans to unspecified social objects for the purpose of making profits, disrupting the order of the financial market, and if the circumstances are serious, they shall be convicted and punished for the crime of illegal business in accordance with the provisions of Item 4 of Article 225 of the Criminal Law. The term "regularly granting loans to unspecified social objects" as mentioned in the preceding paragraph refers to granting funds to unspecified people (including units and individuals) in the form of loans or other names for more than 10 times within two years.

If the repayment period is extended after the loan expires, the number of loan issuance shall be calculated as 1 time.

According to the spirit of the above-mentioned documents, even if an individual lends more than 2 million yuan at an annual interest rate of more than 36% or earns more than 800,000 yuan from illegal lending, it must lend to an unspecified number of people (including units and individuals) 10 times or more within two years before it can be defined as the crime of illegal business operation. There are no special circumstances, even if it is released nine times, it does not constitute this crime. Individuals who lend more than 2 million yuan at an annual interest rate of 36% or earn more than 800,000 yuan from illegal lending, even if it is more than ten times in two years, should not be punished as illegal business.

However, in any of the following circumstances, it shall be convicted and sentenced together with illegal lending to unspecified objects:

(1) Lending loans to unspecified objects through specific objects such as relatives, friends and employees;

(two) for the purpose of issuing loans, absorbing social personnel as internal personnel of the unit and issuing loans to them;

(three) to the public, and at the same time to an unspecified number of people and their relatives, internal employees and other specific objects of loans.

4. When calculating whether the annual interest rate exceeds 36%, should the introduction fee, agency fee, service fee and liquidated damages collected during the period be included?

According to Article 5 of the Interpretation, the amount of illegal lending shall be determined by the actual amount of principal lent to the borrower. If the illegal lender charges interest in the name of introduction fee, consulting fee, management fee, overdue interest, liquidated damages, etc. Or deducted from the principal in advance, and the relevant amount is included in the actual annual interest rate calculation.

Five, through the absorption of public deposits to defraud bank loans or illegal lending, and at the same time constitute the crime of usury, fraudulent loans, illegal absorption of public deposits, is a combination of several crimes or a felony punishment.

According to Article 6 of the Interpretation, in order to engage in illegal lending activities, people who set up financial institutions without authorization, withdraw money from financial institutions to lend at high interest, defraud loans, and illegally absorb public deposits. , which constitutes a crime, shall be punished as a felony.

Six, to forcibly obtain illegal loans, intentional homicide, illegal detention, intentional destruction of property, trouble-making behavior is a combination of several crimes or a felony punishment.

According to Article 6 of the Interpretation, if an act of intentional homicide, intentional injury, illegal detention, intentional destruction of property, and trouble-making is committed in order to forcibly demand debts arising from illegal borrowing, which constitutes a crime, it shall be punished for several crimes.

Assemble, instruct and hire others to harass, pester, make trouble and gather people to create momentum.

Forcing debts by other means alone does not constitute a crime, but illegal lending has constituted a crime of illegal business operation, and a heavier punishment shall be given according to the provisions of the crime of illegal business operation.

It is illegal to distribute it to unspecified groups in ten times within two years, with more than 200 or illegal income exceeding 800,000. Private lending does not exist, because no one can lend money to strangers.

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