Will I still be required to collect money after I finish serving jail time?

Will the money still be collected after the non-abduction is completed?

Will the money still be recovered after the non-abduction is completed? Non-abduction means illegally absorbing public deposits, which refers to violating the national financial regulations. Management regulations illegally absorb public deposits or absorb public deposits in disguised form, disrupting financial order. Let’s take a look at whether non-advocates will still be required to collect money after serving jail time. Will I still be required to recover money after serving jail time? 1

For illegal fund-raising, after the perpetrator is sentenced, he needs to pay for the debt.

Article 176 of the "Criminal Law" Crime of Illegally Absorbing Public Deposits 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 solely be sentenced to a fixed-term imprisonment of not more than three years. 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; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Anyone who commits the acts in the preceding two paragraphs and proactively returns the stolen goods and compensation before filing a public prosecution to reduce the damage will be given a lighter or reduced punishment

Non-abduction It is not a life-long recovery.

According to Article 176 of the Criminal Law, non-smokers may be fined not less than 50,000 yuan but not more than 500,000 yuan. Therefore, this crime can be punished with a fine and property cannot be confiscated, but the proceeds of crime can be recovered. The sentencing for the crime of illegally absorbing public deposits is divided into two levels, with the maximum penalty being ten years in prison.

1. Individual: disrupting financial order (criteria for filing a case), shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge (1 million yuan/100 people/direct economic loss of more than 500,000 yuan) or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and shall also be sentenced to 5 years in prison. A fine of not less than 10,000 yuan but not more than 500,000 yuan is imposed.

2. Unit: The unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the aforementioned provisions.

Note: Huge amount refers to: 5 million yuan/500 people/direct economic loss of more than 2.5 million yuan. If the perpetrator has the ability to repay after the incident, and actively raises funds and actually returns all or most of the funds, it is possible to be convicted of the crime of illegally absorbing public deposits; if the perpetrator has no ability to repay after the incident, and all or most of the funds are returned If the funds are not actually returned, there is the possibility of being convicted of fund-raising fraud.

Of course, whether or not to return the money after the incident will mainly affect the characterization is some cases where the behavior itself is between illegally absorbing public deposits and fund-raising fraud. If it can be determined based on the relevant facts and evidence before the incident that the nature of the behavior is illegal collection of public deposits or fund-raising fraud, then the factor of whether to return the stolen money after the incident generally cannot affect the characterization, but can only be considered as a sentencing factor.

Regardless of his inducement, criminal process and criminal purpose, the division of criminal subjects or the final punishment of different criminal subjects are very different. Therefore, we need to learn some relevant legal knowledge, not only to prevent being cheated, but also to prevent funds from breaking the law without knowing it. Will I still be required to recover my investment after serving jail time? 2

It is undoubtedly the most tragic thing in life to be charged with a crime and sitting in the dock while the investment money has not been recovered.

At this time, if some investment money can be recovered, it may bring some comfort, but if it continues to be recovered to compensate others, it will undoubtedly make things worse.

Although he is sitting in the dock, he cannot deny his identity as an investor. So, is there any legal basis for recovering the loan?

There is a view that investors cannot demand repayment of investment. The reason is that the lending relationship in the illegal fund-raising case is the same fact as the illegal fund-raising crime charged by the prosecutor. At this time, funds illegally absorbed from the public are illegal gains and must be confiscated by the state.

This view is untenable.

According to Article 13 of the 2014 "Several Provisions of the Supreme People's Court on the Partial Execution of Criminal Judgments Involving Property" (Fa Interpretation [2014] No. 13): The person subject to execution shall simultaneously bear criminal liability, Civil liability, if the property is insufficient to pay, shall be implemented in the following order:

(1) Medical expenses in personal injury compensation; (2) Compensation for the victim’s losses; (3) Other civil debts; (4) ) fine; (5) confiscation of property.

In other words, as victims of illegal fund-raising, their investment funds are given priority protection. Even if the court requires fines and confiscation of property, it will be arranged after reimbursing investors.

The "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegal Fund-raising" also stipulates that "the property involved in the case that has been seized, seized, or frozen should generally be returned after the conclusion of the litigation." Fund-raising participants. Reimbursement of losses to fund-raising participants generally takes precedence over other civil debts, fines, and confiscation of property.

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Therefore, as long as the evidence in the case can prove the defendant’s investment and related amounts, the defendant is also entitled to get the investment back. Will the defendant still be required to recover the investment after serving jail time? 3

1. How to repay debt after being sentenced for illegal fund-raising crime

If the debtor is sentenced for illegal fund-raising, it will not affect the creditor's requirement to repay the loan.

However, if If the debtor no longer has property to repay the debt or does not have enough property to repay the debt, the creditor will not be able to obtain repayment in whole or in part.

Illegal fund-raising (according to the "Related Issues in Banning Illegal Financial Institutions and Illegal Financial Business Activities"). "Notice") means that an entity or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other debt certificates without approval from relevant departments in accordance with legal procedures, and promises to use currency, The act of repaying principal and interest or giving returns to investors in kind or other ways

2. Four characteristics of illegal fund-raising

1. Without legal approval from relevant departments, including without legal approval. Fund-raising approved by the department with approval authority; the department with approval authority exceeds the authority to approve fund-raising, that is, the fund-raiser does not have the qualifications to raise funds.

2. Commitment to repay the principal and interest to the investor within a certain period of time. In addition to the main form of principal and interest repayment, there are also physical forms and other forms.

3. Raising funds from unspecified objects in the society. The "unspecified objects" here refer to the public. , rather than referring to a specific few people.

4. To conceal the essence of illegal fund-raising in a legal form, criminals often sign contracts with investors (victims) and disguise themselves as normal. Production and business activities, to maximize the ultimate goal of defrauding funds

3. Common methods of illegal fund-raising

The first is to pretend to be a private bank. In the name of a private bank, it takes advantage of the state's policy of supporting private capital to initiate the establishment of financial institutions, falsely claims to have obtained or is applying for a private bank license, and sells original shares or absorbs deposits in the name of a fictitious private bank.

The second type is non-bank banking. Financing guarantee companies illegally raise funds in the name of guarantee business. Specifically, some sell false financial products, and some use fictitious borrowers to illegally absorb funds in the name of providing loan guarantees.

The third type is. Under the banner of overseas investment and high-tech development, fake or fictitious internationally renowned companies set up websites, and publish information on the sale of overseas funds, original stocks, overseas listings, and development of high-tech online, and fabricate the prospect of value-added equity listings or promise high expected returns. , tricking people into remitting funds to designated personal accounts, then closing the website and escaping with the money.

The fourth type is under the banner of "retirement care", of which there are two prominent forms: one. In the name of investing in senior apartments and long-distance joint care, they use high returns and providing senior care services as bait to lure the elderly to "join and invest"; second, they hold so-called health lectures, free physical examinations, free travel, and distribute small gifts. , luring the elderly to invest money.

The fifth way is to illegally raise funds in the name of buying back collectibles at high prices. Using so-called collectibles such as worthless or low-priced commemorative coins, commemorative banknotes, and stamps as tools, they claim to have huge room for appreciation and promise to repurchase them at a high price after an agreed time, luring people to buy them, and then absconding with the money.

The sixth type is illegal fund-raising under the guise of P2P. That is, applying the innovative concept of Internet finance, setting up a so-called P2P online lending platform, using high profits as bait, fictitious borrowers and fund uses, publishing false bidding information and other means to absorb public funds, and then suddenly close the website or abscond with the money.