1. What are the standards for filing a case for the crime of absorbing public deposits
Regarding the crime of illegally absorbing public deposits. Where public deposits are illegally absorbed or disguised, the degree of harm caused by disrupting financial order must be determined from the amount and scope of illegally absorbed public deposits and the losses caused to depositors. According to judicial practice, anyone who has any of the following circumstances may be convicted and punished for the crime of illegally absorbing public deposits:
(1) If an individual illegally absorbs or absorbs public deposits of more than 200,000 yuan in disguised form, the unit illegally absorbs or absorbs public deposits in disguised form. Absorbing public deposits of more than 1 million yuan
(2) An individual illegally absorbs or absorbs public deposits in disguised form from more than 30 households;
(3) An unit illegally absorbs or absorbs public deposits in disguised form of 150 yuan (4) An individual illegally absorbs public deposits or absorbs them in a disguised form, causing a loss of more than 100,000 yuan to the depositor, and an unit illegally absorbs or absorbs public deposits in a disguised form, causing a loss of more than 500,000 yuan to the depositor. , or cause other serious consequences. If an individual illegally absorbs or absorbs more than 1 million yuan of public deposits in a disguised form, and if an unit illegally absorbs or absorbs more than 5 million yuan of public deposits in a disguised form, it can be deemed as a "huge amount."
Due to the uneven economic development in various regions, the higher people's courts of each province, autonomous region, and municipality directly under the Central Government may refer to the above-mentioned amount standards or ranges and determine the specific standards to be mastered in their respective regions based on the specific local conditions.
II. Elements of the crime of illegally absorbing public deposits
Object elements
The object of this crime is the national financial management system. The object of this crime is public deposits. The so-called deposit refers to an economic activity in which depositors deposit funds in banks or other financial institutions, and banks or other financial institutions pay interest to depositors. The so-called public deposits mean that the depositors are an unspecified group. If the depositors are only a few individuals or specific, they cannot be considered public deposits.
Objective elements
The objective aspect of this crime is that the perpetrator has carried out the act of illegally absorbing public deposits or absorbing public deposits in disguised form.
Subject Requirements
The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime. According to the provisions of paragraph 2 of this article, units can also become the subject of this crime. The units here can be either commercial banks and other banking financial institutions that can engage in the business of absorbing public deposits, or they can be non-bank financial institutions such as securities companies that cannot engage in the business of absorbing public deposits, or other non-financial institutions.
Subjective elements
The subjective aspect of this crime is intentionality, that is, the perpetrator must know that his illegal absorption of public deposits will cause harmful consequences that disrupt financial order, and hopes or Let this happen. Negligence does not constitute this crime. Some financial institutions have absorbed a large amount of public deposits due to an increase in interest rates due to work errors. Since the interest rates were not intentionally raised by the financial institution, the illegal absorption of public deposits was not intentional and therefore does not constitute this crime.