1. What is the sentencing standard for economic cases?
The sentencing standard of economic cases is determined according to different charges. According to the relevant provisions of the criminal law:
Article 193
The crime of loan fraud is under any of the following circumstances. Whoever defrauds banks or other financial institutions 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; 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; 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 property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.
Article 194
One of the following circumstances constitutes the crime of bill fraud, and if the amount is relatively large, it 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; 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; 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 property:
(1) knowingly using forged or altered bills of exchange, promissory notes or checks;
(2) knowingly using bills of exchange, promissory notes or checks that are invalid;
(3) fraudulently using other people's bills of exchange, promissory notes or checks.
(four) issuing a bad check or a check that is inconsistent with its reserved seal to defraud property;
(5) The drawer of a bill of exchange or a promissory note issues a bill of exchange or a promissory note without capital guarantee, or makes false records when issuing a bill of exchange or a promissory note to defraud property.
Whoever commits the crime of financial voucher fraud by using forged or altered bank settlement vouchers such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers shall be punished in accordance with the provisions of the preceding paragraph.
Article 195
Whoever commits fraud by letter of credit under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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 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 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 property:
(1) Using forged or altered letters of credit or accompanying documents and documents;
(2) Using an invalid letter of credit;
(3) defrauding a letter of credit;
(4) fraudulent activities of letters of credit by other means.
Second, what is the charge of economic crime?
Corruption, bribery, bribery, embezzlement of public funds, misappropriation of funds, embezzlement of posts, illegal absorption of public deposits, fund-raising fraud, illegal business operation, evasion of registered capital, letter of credit fraud, manipulation of the trading price of securities and futures, smuggling of ordinary commodities, false advertising, infringement of trade secrets, damage to business reputation and commodity reputation, illegal sale of invoices, illegal purchase of special invoices for value-added tax or purchase of forged invoices, and forgery. Crime of selling goods with counterfeit registered trademarks, crime of illegally manufacturing and selling illegally manufactured registered trademarks, crime of counterfeiting patents, crime of illegally selling special invoices for value-added tax, crime of forging and selling forged special invoices for value-added tax, crime of fraudulently issuing special invoices for value-added tax, crime of defrauding export tax rebates, crime of tax evasion, crime of resisting tax, crime of tax evasion, crime of insurance fraud, crime of securities fraud, crime of financial voucher fraud, crime of bill fraud, crime of loan fraud, money laundering, foreign exchange evasion, crime of fraudulent purchase of foreign exchange, Acceptance of illegal bills, payment, guarantee, illegal issuance of financial bills, illegal transfer of off-balance-sheet customers' funds, issuance of loans, illegal issuance of loans to related parties, deception of investors to buy and sell securities and futures contracts, fabrication and dissemination of false information on securities and futures trading, insider trading of securities and futures, disclosure of insider information, etc.
For the specific sentencing of economic cases, on the one hand, we should deal with it strictly according to the actual facts involved, and on the other hand, we should judge it according to the seriousness of the actual criminal suspect's criminal circumstances. If serious consequences are caused, legal responsibilities should be strictly investigated.