"Interpretations 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" Article 1: Any act that violates national financial management laws and absorbs funds from the public (including units and individuals) meets the following four conditions at the same time:

Unless otherwise provided in the Criminal Law, it shall be deemed as "illegal absorption of public deposits or disguised absorption of public deposits" as stipulated in Article 176 of the Criminal Law: (1) Absorbing funds without the approval of relevant departments in accordance with the law or by borrowing legal business forms

; (2) Promote to the public through the media, promotion meetings, leaflets, mobile phone text messages, etc.; (3) Commit to repay principal and interest or pay rewards in the form of currency, kind, equity, etc. within a certain period of time; (4) Promote to the society

The public, that is, society, absorbs funds without specific objects.

Absorbing funds for specific targets from relatives, friends or within the unit without publicity to the public does not constitute illegal absorption or disguised absorption of public deposits.

Article 2 Whoever 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: (1) Failure to possess the right to

The true content of real estate sales or the main purpose of real estate sales is not to illegally absorb funds through return sales, after-sales leasing, agreed repurchase, sales of real estate shares, etc.; (2) Illegally absorbing funds through transfer of forest rights and management and protection on behalf of others, etc.

funds; (3) illegally absorbing funds through planting (breeding) on ??behalf of others, renting planting (breeding), joint planting (breeding), etc.; (4) not having the true content of selling goods or providing services, or not selling goods,

The main purpose is to provide services, and illegally absorb funds by means of commodity repurchase, deposit and sale, etc.; (5) There is no true content of issuing stocks and bonds, and illegally absorb funds by false transfer of equity, sale of fictitious bonds, etc.; (5)

6) It does not have the true content of raising funds, and illegally absorbs funds by pretending to be overseas funds, selling fictitious funds, etc.; (7) It does not have the true content of selling insurance, and it illegally absorbs funds by pretending to be an insurance company, forging insurance documents, etc.

; (8) Illegally absorbing funds by investing in shares; (9) Illegally absorbing funds by entrusting financial management; (10) Using private "associations", "communities" and other organizations to illegally absorb funds; (11)

Other acts of illegally absorbing funds.

Article 3 Anyone who illegally absorbs public deposits or absorbs them in disguised form and falls under any of the following circumstances shall be investigated for criminal responsibility in accordance with the law: (1) If an individual illegally absorbs or absorbs deposits from the public in a disguised form, and the amount exceeds 200,000 yuan, the unit illegally absorbs or absorbs them in disguised form.

The amount of public deposits is more than 1 million yuan; (2) An individual illegally absorbs or absorbs more than 30 public deposit objects in a disguised form, and an unit illegally absorbs or absorbs in a disguised form more than 150 public deposit objects; (3) An individual illegally absorbs or absorbs in a disguised form more than 150 public deposit objects;

Absorbing deposits from the public, causing direct economic losses of more than 100,000 yuan to depositors; units illegally or in disguised form absorbing deposits from the public, causing direct economic losses of more than 500,000 yuan to depositors; (4) Causing adverse social impact

or other serious consequences.

Any of the following circumstances falls under the category of "huge amounts or other serious circumstances" as stipulated in Article 176 of the Criminal Law: (1) If an individual illegally absorbs or absorbs deposits from the public in a disguised form, and the amount exceeds 1 million yuan, the unit shall illegally

Absorbing or absorbing deposits from the public in a disguised form, the amount is more than 5 million yuan; (2) An individual illegally absorbs or absorbs in a disguised form more than 100 people from the public deposits, and an unit illegally absorbs or absorbs in a disguised form more than 500 people from the public deposits; (3) Individuals

Where an entity illegally absorbs deposits from the public or in a disguised form, causing direct economic losses of more than 500,000 yuan to depositors; when an entity illegally absorbs public deposits or in disguised form, causing direct economic losses of more than 2.5 million yuan to depositors; (4)

Causing particularly bad social impact or other particularly serious consequences.

The amount of illegal absorption or disguised absorption of public deposits shall be calculated based on the full amount of funds absorbed by the perpetrator.

The amount that has been returned before and after the incident can be considered as a sentencing factor.

Illegal absorption or disguised absorption of public deposits is mainly used for normal production and business activities. If the absorbed funds can be paid off in a timely manner, criminal punishment will be exempted; if the circumstances are obviously minor, it will not be treated as a crime.

Article 4 Anyone who uses fraudulent methods to commit the acts listed in Article 2 of this Interpretation for the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud in accordance with the provisions of Article 192 of the Criminal Law.