The crime of illegally taking public deposits refers to the act of illegally taking public deposits or taking public deposits in disguised form in violation of the national financial management regulations, thus disrupting the financial order. Illegal absorption of public deposits refers to the activities that, without the approval of the People's Bank of China, absorb funds from unspecified objects in the society, issue vouchers, and promise to repay the principal and interest within a certain period of time; The disguised absorption of public deposits refers to the activities that do not absorb funds from unspecified objects of the society in the name of absorbing public deposits without the approval of the People's Bank of China, but the obligations promised to perform are the same as the nature of the absorption of public deposits.
1、 Elements of the crime of illegally absorbing public deposits:
1. Subjects of conduct: natural persons who have reached the age of 16 and have the capacity of criminal responsibility. A unit may also constitute this crime.
2. Behavior: without the approval of the People's Bank of China, absorbing funds from unspecified objects in the society, issuing vouchers in the name of absorbing public deposits or not, promising to repay the principal and interest within a certain period of time, and disturbing the financial order.
3. Behavior object: the behavior object is public deposit. The so-called public deposit means that depositors are not specific groups. If depositors are only a few individuals or specific, they cannot be considered as public deposits.
4. Behavior result: Disrupt the financial and credit order of the country.
2、 Filing standards for the crime of illegally absorbing public deposits
Whether the illegal or disguised absorption of public deposits is investigated depends on whether it is suspected of one of the following three situations:
First, in terms of the amount of illegal absorption or disguised absorption of public deposits, the amount of illegal absorption or disguised absorption of public deposits by individuals is more than 200000 yuan, and the amount of illegal absorption or disguised absorption of public deposits by units is more than 1 million yuan.
Second, in terms of the number of illegal or disguised public deposits, individuals illegally absorb or absorb more than 30 public deposits, and units illegally absorb or absorb more than 150 public deposits.
Third, in terms of the economic losses caused, the direct economic losses caused by the illegal absorption or disguised absorption of public deposits by individuals to depositors are more than 100000 yuan, and the direct economic losses caused by the illegal absorption or disguised absorption of public deposits by units to depositors are more than 500000 yuan.
3、 The sentencing standard for the crime of illegally absorbing public deposits:
According to the provisions of Article 176 of the Criminal Law, anyone who illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan;
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.