How to deal with the illegal fund-raising of Mianchi Donghai Finance?

On March 25th, 20 14, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising. The full text is as follows:

Higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, people's procuratorates, public security departments and bureaus, military courts and procuratorates of the People's Liberation Army, Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, People's Procuratorate and Public Security Bureau of Xinjiang Production and Construction Corps:

In order to solve the problems encountered by public security organs, people's procuratorates and people's courts in handling criminal cases of illegal fund-raising in recent years, and punish crimes such as illegally absorbing public deposits and fund-raising fraud according to law, according to the provisions of the Criminal Law and the Criminal Procedure Law, combined with judicial practice, we hereby put forward the following opinions on the application of law in handling criminal cases of illegal fund-raising:

First, about administrative appraisal.

The administrative department's determination of the nature of illegal fund-raising is not a necessary procedure for criminal cases of illegal fund-raising to enter criminal proceedings. If the administrative department fails to characterize illegal fund-raising, it will not affect the investigation, prosecution and trial of criminal cases of illegal fund-raising.

The public security organ, the people's procuratorate and the people's court shall determine the nature of the facts of the case according to law. For cases with complicated cases and difficult qualitative determination, we can refer to the opinions of relevant departments and make qualitative determination according to the facts of the case and legal provisions.

Two, on the identification of "publicity to the society"

"Open to the public" in the second item of the first paragraph of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising includes spreading the information of absorbing funds to the public through various channels, and letting it spread knowing that the information of absorbing funds has been spread to the public.

Third, the identification of "social public"

The following circumstances do not belong to the act of "absorbing funds for a specific object" as stipulated in the second paragraph of Article 1 of 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, and should be recognized as absorbing funds from the public:

(a) in the process of absorbing funds from relatives and friends or internal personnel of the unit, knowing that relatives and friends or internal personnel of the unit absorb funds from unspecified objects and let them go;

(two) for the purpose of absorbing funds, absorbing social personnel as internal personnel of the unit and absorbing funds from them.

Four, on the handling of the crime of * *

Providing assistance for others to illegally absorb public funds, and charging them agency fees, benefit fees, rebate fees, commissions, royalty fees and other expenses, which constitutes illegal fund-raising, is a crime, and criminal responsibility shall be investigated according to law. Those who can refund the above fees in time may be given a lighter punishment according to law; If the circumstances are minor, punishment may be exempted; If the circumstances are obviously minor and the harm is not great, it will not be treated as a crime.

V. Recovery and disposal of the property involved.

Illegal absorption of public funds is illegal income. In accordance with the law, recover the interest and dividends paid to fund-raising participants by absorbing funds, as well as the agency fees, benefits fees, rebate fees, commissions, commissions and other fees paid to those who help absorb funds. If the principal of the fund-raising participant has not been returned, the paid repayment can offset the principal.

Illegally absorbed funds and their transformed properties are used to pay off debts or transfer them to others, and they shall be recovered according to law in any of the following circumstances:

(a) others know that it is the above-mentioned funds and property;

(two) others get the above funds and property free of charge;

(3) Others obtain the above-mentioned funds and property at a price obviously lower than the market price;

(four) others obtained the above funds and property from illegal debts or illegal and criminal activities;

(five) other circumstances that should be recovered according to law.

If the property involved in the case that has been sealed up, detained or frozen is easy to depreciate and the cost of storage and maintenance is high, it can be sold or auctioned in accordance with relevant regulations before the end of the lawsuit. The proceeds shall be kept by the seizure, seizure and freezing organ and shall be treated together after the litigation is concluded.

The property involved in the seizure, seizure and freezing shall generally be returned to the fund-raising participants after the end of the lawsuit. If the property involved is not returned in full, it shall be returned in proportion to the amount raised by the fund-raising participants.

Six, about the collection of evidence

In handling criminal cases of illegal fund-raising, if it is really impossible to collect the verbal evidence of fund-raising participants one by one due to objective conditions, the collected verbal evidence of fund-raising participants can be combined with the evidence such as written contracts, bank account transaction records, accounting vouchers and accounting books, fund receipt and payment vouchers, audit reports, internet electronic data collected and verified according to law, and the criminal facts such as the target number of illegal fund-raising and the amount of absorbed funds can be comprehensively determined.

Seven, about the handling of civil cases.

If a criminal case of illegal fund-raising is being investigated, prosecuted and tried by a public security organ, a people's procuratorate or a people's court, the relevant unit or individual brings a civil lawsuit to the people's court or applies for the execution of the property involved, the people's court will not accept it and transfer the relevant materials to the public security organ or the procuratorial organ. If a people's court finds a crime of illegal fund-raising in the course of hearing a civil case or executing it, it shall rule to dismiss the prosecution or suspend the execution, and timely transfer the relevant materials to the public security organ or the procuratorial organ.

In the investigation, prosecution and trial of criminal cases of illegal fund-raising, public security organs, people's procuratorates and people's courts find that the civil cases being tried by the people's courts belong to the same fact, or that the property applied for execution belongs to the property involved, they shall promptly notify the relevant people's courts. If the people's court considers that it is really suspected of committing a crime after examination, it shall be handled in accordance with the provisions of the preceding paragraph.

Eight, on the handling of cross-regional cases

Criminal cases of cross-regional illegal fund-raising can be handled by public security organs, people's procuratorates and people's courts in different regions on the basis of finding out the criminal facts.

For criminal cases of cross-regional illegal fund-raising handled separately, the property involved shall be disposed of in accordance with the unified plan.

Any functionary of a state organ who, in violation of regulations, disposes of the property involved, which constitutes a crime such as dereliction of duty, shall be investigated for criminal responsibility according to law.