1. The crime of fund-raising fraud refers to the act of illegally raising a large amount of funds for the purpose of illegal possession, violating relevant financial laws and regulations, disrupting the normal financial order of the country, and infringing on the ownership of public and private property. The "illegal possession" in the crime of fund-raising fraud should be understood as "illegal possession". From this concept, we can see that this crime is a crime of purpose, a statutory crime, a crime of amount and a crime of consequence. The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. According to Article 200 of this section, a unit can also be the subject of this crime. Under normal circumstances, this purpose is embodied in transferring the ownership of illegal fund-raising funds to yourself, or squandering them at will, or absconding with the funds after possessing them.

2. Article 192 of the Criminal Law of People's Republic of China (PRC), the crime of fund-raising fraud is illegal fund-raising for the purpose of illegal possession. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.

Article 199 of the Criminal Law of People's Republic of China (PRC) stipulates the death penalty for some financial fraud crimes. Whoever commits the crime specified in Article 192 of this section, if the amount is especially huge, thus causing particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall be confiscated.

Article 200 of the Criminal Law of People's Republic of China (PRC) stipulates that if a unit commits the crimes specified in Articles 192, 194 and 195 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

3. As for the huge and especially huge starting point, referring to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases 1996 12 16, it can be considered that the amount of fund-raising fraud is more than 200,000 yuan for individuals and 500,000 yuan for units; Personal fraud is more than 6.5438 million yuan, and unit fraud is more than 2.5 million yuan, which can be considered as a huge amount.

4, filing standards

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases, anyone who commits fraudulent illegal fund-raising for the purpose of illegal possession and is suspected of one of the following circumstances shall be prosecuted:

1. Personal fund-raising fraud, the amount of which exceeds 654.38+10,000 yuan;

This mainly refers to illegal fund-raising by fraudulent means for the purpose of illegal possession, and the accumulated amount of single fund-raising fraud has reached more than 654.38+10,000 yuan. The so-called "for the purpose of illegal possession" means that criminals have the subjective purpose of taking illegally raised funds as their own. The so-called "fraud method" means that the actor uses the fictitious fund-raising purpose to defraud the fund-raising funds with false documents and high returns as bait.

B, unit fund-raising fraud, the amount is more than 500,000 yuan.

According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, one of the following circumstances exists. It should be recognized that its behavior belongs to "illegal fund-raising for the purpose of illegal possession and fraud":

(1) escaped with the funds raised;

(2) the fund-raising funds are squandered, which makes it impossible to return the fund-raising;

(three) the use of fund-raising funds for illegal and criminal activities, so that the fund-raising funds can not be returned;

(4) Refusing to return the fund-raising funds due to other fraudulent acts, or making it impossible to return the fund-raising funds. If one of the above-mentioned illegal fund-raising activities amounts to more than 654.38+10,000 yuan, the public security organ shall file a case for investigation.