How to punish illegal usury?
1, (1) If a natural person commits a crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or 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 his illegal income or his property shall be confiscated.
(2) If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.
2. Legal basis: criminal law
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, 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 for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation 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;
(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.
Does usury constitute the crime of illegal business operation?
If an individual or unit issues usury to an unspecified public, if the circumstances are serious, it meets the constitutive requirements of the crime of illegal business operation for the following reasons:
First of all, usury violates the relevant regulations of the state.
Official Reply of the General Office of the People's Bank of China on the legal nature of lending funds to unspecified social objects in the form of usury (hereinafter referred to as the "Reply"): "Illegal lending refers to the act of lending funds to unspecified social objects for profit without the approval of the financial supervision department in order to obtain high illegal income".
Secondly, usury is an illegal business operation that disturbs the market order.
Usury is different from ordinary private lending, aiming at obtaining high profits, evading bank supervision, violating the national financial system and disrupting the order of the national financial market.
Finally, only if the circumstances of usury are serious can it constitute the crime of illegal business operation.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 225 of the Criminal Code of People's Republic of China (PRC).
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, 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 for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation 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;
(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.