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Illegal fund-raising refers to the crime of illegal fund-raising by fraudulent means, which constitutes a large amount.

Illegal fund-raising is not an independent crime. In practice, those who engage in illegal fund-raising activities are generally punished with the crime of illegally absorbing public deposits and the crime of fund-raising fraud according to specific circumstances.

(1) Relevant provisions of the Criminal Law of People's Republic of China (PRC):

Article 176 The crime of illegally absorbing public deposits stipulates that whoever illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts 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.

If a unit commits the crime mentioned in the preceding paragraph, 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 paragraph.

Article 192 stipulates that the crime of fund-raising fraud refers to illegal fund-raising by fraudulent means for the purpose of illegal possession. 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.

(2) Relevant judicial interpretations:

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising (Fa Shi [20 10]No. 18, 201KLOC-0/.22) was approved by the Judicial Committee of the Supreme People's CourtNo.15000. )

Rule number one. The act of absorbing funds from the public (including units and individuals) in violation of national financial management regulations, which meets the following four conditions at the same time, shall be deemed as "illegally absorbing public deposits or absorbing public deposits in disguised form" as stipulated in Article 176 of the Criminal Law, except as otherwise provided by the Criminal Law:

(a) without the approval of the relevant departments according to law or in the form of borrowing legal business to absorb funds;

(two) through the media, promotion meetings, leaflets, mobile phone messages and other means to promote to the society;

(3) Commitment to repay the principal and interest or pay the return in the form of currency, material object or equity. In a certain period of time;

(four) to absorb funds from the public, that is, the social unspecified objects.

It is not illegal or disguised to absorb public deposits by absorbing funds from relatives, friends or units to specific objects without publicity to the society.

Article 2 Anyone who commits any of the following acts and meets the conditions stipulated in the first paragraph of Article 1 of this Interpretation shall be convicted and punished for the crime of illegally absorbing public deposits in accordance with the provisions of Article 176 of the Criminal Law:

(a) does not have the real content of real estate sales or does not take real estate sales as the main purpose, and illegally absorbs funds by means of returning to the original sales, after-sales charter, agreed repurchase, and selling real estate shares;

(two) illegally absorbing funds through the transfer of forest rights and management on behalf of others;

(3) illegally absorbing funds by planting (breeding), renting planting (breeding) or joint planting (breeding);

(four) illegally absorbing funds by means of commodity repurchase or consignment. There is no real content of selling goods or providing services or the main purpose is to sell goods or provide services;

(five) illegally absorbing funds by means of false transfer of equity or sale of fictitious bonds, etc., which do not have the true contents of issuing stocks and bonds;

(6) Raising funds without real content, illegally absorbing funds by means of overseas funds or selling fictitious funds;

(seven) without the real content of selling insurance, illegally absorbing funds by means of counterfeiting insurance companies or forging insurance documents;

(8) illegally absorbing funds by investing in stocks;

(9) Illegally absorbing funds by means of entrusted financial management;

(ten) the use of "associations", "social groups" and other non-governmental organizations to illegally absorb funds;

(eleven) other acts of illegally absorbing funds.