(1) Information on securities and futures investment decisions and transaction execution;
(2) Information such as the number and changes of securities positions, the number and changes of funds, and trading trends;
(3) Other information that may affect securities and futures trading activities. Article 2 If it is difficult to identify other undisclosed information other than inside information, the judicial organ may identify it according to the facts of the case and legal provisions on the basis of the opinions of the relevant administrative departments. Article 3 "Violation of regulations" as stipulated in the fourth paragraph of Article 180 of the Criminal Law refers to violation of laws, administrative regulations, departmental rules, national industry norms on the protection of undisclosed information of securities and futures, and the provisions of the financial institution where the actor works on information confidentiality, prohibition of trading and prohibition of interest transfer. Article 4 An actor who "explicitly or implicitly engages in relevant trading activities" as stipulated in the fourth paragraph of Article 180 of the Criminal Law shall be identified from the following aspects:
(a) the actor has access to undisclosed information;
(2) The initial time for the actor to obtain undisclosed information is related to the initial time for others to engage in related trading activities;
(3) The actor has relations with others such as relatives, friends, interests and trading terminals;
(4) The varieties and trading time of securities and futures engaged in related party transactions by others are basically the same as those involved in undisclosed information;
(5) The relevant trading activities engaged by others obviously do not have legitimate reasons such as conforming to trading habits and professional judgment;
(6) The actor has no reasonable explanation for expressing or implying that others are engaged in relevant trading activities. Article 5 In any of the following circumstances, a transaction conducted by using undisclosed information shall be deemed as "serious" as stipulated in the fourth paragraph of Article 180 of the Criminal Law:
(a) the amount of illegal income is more than one million yuan;
(2) Trading with undisclosed information for more than three times within two years;
(3) Express or imply that three or more persons are engaged in relevant trading activities. Article 6 If the amount of illegal gains from trading with undisclosed information is more than 500,000 yuan, or the turnover of securities trading is more than 5 million yuan, and the amount of margin occupied by futures trading is more than1million yuan, it shall be deemed as "serious circumstances" as stipulated in the fourth paragraph of Article 180 of the Criminal Law under any of the following circumstances:
(a) through the sale or disguised sale of undisclosed information, express or imply that others engage in related trading activities;
(2) Being criminally investigated for securities and futures crimes;
(3) Being subject to administrative punishment for securities and futures violations within two years;
(4) Causing adverse social impact or other serious consequences. Article 7 "Punishment in accordance with the provisions of the first paragraph" as stipulated in the fourth paragraph of Article 180 of the Criminal Law includes the provisions of the first paragraph of this article on "especially serious circumstances".
Trading with undisclosed information, where the amount of illegal income is more than 10 million yuan, shall be deemed as "the circumstances are particularly serious".
If the amount of illegal income is more than 5 million yuan, or the transaction amount of securities trading is more than 50 million yuan, and the amount of margin occupied by futures trading is more than10 million yuan, it shall be deemed as "the circumstances are particularly serious" under one of the four circumstances stipulated in Article 6 of this interpretation. Article 8 Where more than two transactions using undisclosed information are subject to administrative or criminal treatment according to law, the relevant transaction amount or illegal income amount shall be calculated cumulatively. Article 9 The term "illegal gains" as mentioned in this Interpretation refers to the gains or losses avoided by the actor who uses undisclosed information to engage in securities and futures trading activities related to this information.
Where an actor explicitly or implicitly uses undisclosed information to engage in related party transactions, the gains or losses that the actor explicitly or implicitly engages in related party transactions shall be deemed as "illegal gains". Article 10 If the actor does not actually engage in securities and futures trading activities related to undisclosed information, the amount of the fine shall be calculated according to the illegal income of the person who explicitly or implicitly engages in relevant trading activities. Article 11 Whoever meets the standards stipulated in Articles 5 and 6 of this Interpretation, truthfully confesses the facts of the crime, pleads guilty and repents, actively cooperates with the investigation, and returns the illegal income may be given a lighter punishment; If the circumstances of the crime are minor, no prosecution or exemption from criminal punishment may be made according to law.
Those who meet the scope and conditions of application of leniency in confession stipulated in the Criminal Procedure Law shall be dealt with in accordance with the provisions of the Criminal Procedure Law. Article 12 This Interpretation shall come into force on July 1 day, 2065438.