(a) without the permission of the relevant departments according to law or in the form of legitimate business;
(two) publicity to the public through the Internet, media, promotion meetings, leaflets, mobile phone information and other means;
(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 means of peer-to-peer lending, stock investment, virtual currency trading, etc. ;
(nine) illegally absorbing funds by means of entrusted wealth management and financial leasing;
(ten) illegally absorbing funds by providing "pension services", investing in "pension projects" and selling "pension products";
(eleven) the use of "clubs", "societies" and other non-governmental organizations to illegally absorb funds;
(twelve) other acts of illegally absorbing funds. Article 3 Whoever illegally absorbs or conceals public deposits shall be investigated for criminal responsibility according to law under any of the following circumstances:
(a) illegal absorption or disguised absorption of public deposits in the amount of more than 6.5438+0 million yuan;
(2) illegally absorbing or absorbing public deposits in disguised form 150 or more;
(3) Illegal absorption or disguised absorption of public deposits, resulting in direct economic losses of more than 500,000 yuan to depositors.
Whoever illegally absorbs or conceals public deposits of more than 500,000 yuan or causes direct economic losses to depositors of more than 250,000 yuan shall be investigated for criminal responsibility according to law under any of the following circumstances:
(1) Being criminally investigated for illegal fund-raising;
(2) Having received administrative punishment for illegal fund-raising within two years;
(3) Causing adverse social impact or other serious consequences. Article 4 Illegal absorption or disguised absorption of public deposits in any of the following circumstances shall be deemed as "huge amount or other serious circumstances" as stipulated in Article 176 of the Criminal Law:
(a) illegal absorption or disguised absorption of public deposits in the amount of more than 5 million yuan;
(2) illegally absorbing or absorbing more than 500 public deposits in disguised form;
(3) illegal absorption or disguised absorption of public deposits, causing direct economic losses of more than 2.5 million yuan to depositors.
Illegal absorption or disguised absorption of public deposits is more than 2.5 million yuan, or the direct economic losses caused to depositors are more than 6.5438+0.5 million yuan, which has the third plot of the second paragraph of Article 3 of this interpretation, and shall be deemed as "other serious circumstances". Article 5 Illegal absorption or disguised absorption of public deposits in any of the following circumstances shall be deemed as "especially huge amount or other particularly serious circumstances" as stipulated in Article 176 of the Criminal Law:
(a) illegal absorption or disguised absorption of public deposits in the amount of more than 50 million yuan;
(2) illegally absorbing or absorbing more than 5,000 public deposits in disguised form;
(3) illegal absorption or disguised absorption of public deposits, causing direct economic losses of more than 25 million yuan to depositors.
Illegal absorption or disguised absorption of public deposits of more than 25 million yuan, or direct economic losses to depositors150,000 yuan or more. At the same time, if it has the circumstances in Item 3 of Paragraph 2 of Article 3 of this Interpretation, it shall be deemed as "other particularly serious circumstances". Article 6 The amount of illegal or disguised absorption of public deposits shall be calculated in full with the funds absorbed by the actor. If the stolen goods are actively returned before public prosecution is initiated to reduce the occurrence of damage, the punishment may be given a lighter or mitigated punishment; If the stolen goods are returned after prosecution, it may be considered as a sentencing circumstance as appropriate.
Illegal absorption or disguised absorption of public deposits, mainly used for normal production and business activities, can repay the absorbed funds before prosecution, can be exempted from criminal punishment; If the circumstances are obvious, minor and harmless, it shall not be treated as a crime.
If it is not necessary to investigate criminal responsibility or be exempted from criminal punishment according to law, it shall be transferred to the relevant administrative organ according to law.