Sichuan Higher People's Court "Opinions on the Standards for Implementing the Amounts of Some Criminal Law and the Standards for the Implementation of Some Criminal Law"
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Sichuan Higher Law (2002) No. 105
(adopted at the 19th meeting of the Judicial Committee of Sichuan Higher People's Court on March 21, 2002)
In order to correctly implement the " Criminal Law of the People's Republic of China ", according to the needs of the trial work and in combination with the actual situation in our province, the following opinions are put forward on the Standards for the Implementation of Some Criminal Law and the criteria for the identification of some Criminal Law :
1. The crime of producing and selling products that do not meet the safety standards. The "causing serious consequences" stipulated in Article 146 of the Criminal Law refers to causing serious injuries to the victim, minor injuries to more than three people, or causing direct losses of more than 50,000 yuan in public and private property. "The consequences are particularly serious", which means that many victims are seriously injured, killed, or caused direct losses of more than 200,000 yuan.
2. The crime of producing and selling cosmetics that do not meet hygiene standards. The "causing serious consequences" stipulated in Article 148 of the Criminal Law refers to one of the following circumstances:
(1) causing serious injury to the victim or minor injuries to more than three people;
(2) causing the victim to be mentally ill and commit suicide;
(3) having other serious consequences.
3. . The crime of falsely reporting registered capital . The "huge amount" stipulated in Article 158 of the Criminal Law refers to one of the following circumstances:
(1) The paid-up registered capital is insufficient to the minimum limit of the statutory registered capital, the false reporting amount of a limited liability company accounts for more than 60% of the statutory minimum limit, and the false reporting amount of a Co., Ltd. accounts for more than 30% of the statutory minimum limit;
(2) The paid-up registered capital reaches the minimum limit of the statutory registered capital, but the registered capital is still false reporting, the false reporting amount of a limited liability company is more than 1 million yuan, and the false reporting amount of a joint-stock company is more than 10 million yuan.
"serious consequences" means that the cumulative amount of direct economic losses caused by a limited liability company to investors or other creditors due to false reporting of registered capital is more than 200,000 yuan, and the cumulative amount of direct economic losses caused by a joint-stock company to investors or other creditors due to false reporting of registered capital is more than 1 million yuan.
"Other serious circumstances" refers to the false reporting of registered capital that has not met the above amount standard, but has one of the following circumstances:
(1) has suffered administrative penalties for false reporting of registered capital and has also false reporting of registered capital;
(2) Although he has not been punished, he has false reporting of registered capital many times;
(3) has registered with the supervisor of company to bribe or conduct illegal activities after registering.
4. False investment, withdrawal of capital contribution . The "huge amount" stipulated in Article 159 of the Criminal Law refers to the fact that the promoters and shareholders of a limited liability company make false capital contributions, and the promoters of withdraw and account for more than 200,000 yuan and account for more than 30% of their capital contributions, and the promoters of Co., Ltd., and shareholders make false capital contributions, withdraw more than 1 million yuan and account for more than 30% of their capital contributions.
"serious consequences" means that the cumulative amount of direct economic losses caused to investors or other creditors by the promoters and shareholders of a limited liability company is more than 200,000 yuan, and the cumulative amount of direct economic losses caused to investors or other creditors by the promoters and shareholders of a joint-stock company is more than 1 million yuan.
"Other serious circumstances" refers to the fact that the company's initiator and shareholders have falsely contributed or withdrawn capital contributions and withdrawn capital contributions have not met the above amount standards, but have one of the following circumstances:
(1) causes the company to be insolvent or unable to operate normally;
(2) has been subject to administrative penalties for more than two times due to false investment and withdrawn capital contributions and withdrawn capital contributions and withdrawn capital contributions;
(3) uses the funds obtained from false investment and withdrawn capital contributions and withdrawn capital contributions to conduct illegal activities;
(4) Although he has not been punished, he has false investments and withdrawn capital contributions and withdrawn capital contributions many times.
5. The crime of fraudulent issuance of stocks and bonds. Article 160 of the Criminal Law stipulates that "the amount is huge" means that the amount of shares or corporate or corporate bonds is more than 10 million yuan.
"serious consequences" refer to one of the following circumstances:
(1) causes economic losses of investors or other creditors of a total of more than 1 million yuan;
(2) causes serious impacts on the production and business activities of investors and creditors, such as suspension of production, business, bankruptcy, bankruptcy, etc.;
(3) causes other serious consequences.
"Other serious circumstances" refers to one of the following circumstances:
(1) Shareholders, creditors with more than 20 people or shareholders and creditors holding more than 200,000 yuan of stocks, company or corporate bonds request a liquidation, but they will not be liquidated without a legitimate reason;
(2) transfer or conceal the raised funds by more than 3 million yuan;
(3) use the raised funds for illegal activities;
(4) cause a bad impact.
6. Company and corporate personnel accept bribes . The "large amount" stipulated in Article 163 of the Criminal Law shall be based on the standard of more than 10,000 yuan; the "large amount" shall be based on the standard of more than 100,000 yuan.
7. The crime of bribing companies and corporate personnel. The "large amount" stipulated in Article 164 of the Criminal Law refers to the bribery of more than 20,000 yuan to the company or enterprise personnel, and the unit bribed of more than 200,000 yuan to the company or enterprise personnel; the "large amount" refers to the bribery of more than 100,000 yuan to the company or enterprise personnel, and the unit bribed of more than 500,000 yuan to the company or enterprise personnel.
8. The crime of establishing a financial institution without authorization. The "serious circumstances" stipulated in Article 174 of the Criminal Law refers to the fact that a financial institution established without authorization is large in scale and has a long operating time, or causes significant losses to citizens and the national economic interests to a total of more than 1 million yuan.
9. The crime of transferring loans with usury. The "large amount" stipulated in Article 175 of the Criminal Law refers to the fact that the individual's illegal income is more than 50,000 yuan and the unit's illegal income is more than 200,000 yuan; the "large amount" refers to the fact that the individual's illegal income is more than 200,000 yuan and the unit's illegal income is more than 1 million yuan.
0. Forgetting, transforming financial tickets . The "serious circumstances" stipulated in Article 177 of the Criminal Law refers to one of the following circumstances:
(1) Forged or altered financial certificates with a denomination of more than 20,000 yuan or more than 10 copies; banned or altered financial certificates with a denomination of more than 50,000 yuan or more than 10 copies; banned or altered financial certificates with a denomination of more than 50,000 yuan or more than 10 copies;
(2) causes other serious consequences.
"The circumstances are particularly serious", which refers to one of the following circumstances:
(1) Forged or altered financial notes in person, with a denomination of more than 100,000 yuan or more than 20 copies; banned or altered financial notes in unit, with a denomination of more than 500,000 yuan or more than 20 copies;
(2) causes other particularly serious consequences.
11. The crime of unauthorized issuance of stocks, corporate and corporate bonds. The "huge amount" stipulated in Article 179 of the Criminal Law refers to the amount of an individual's unauthorized issuance of shares or corporate or corporate bonds of more than 500,000 yuan, and the amount of an unauthorized issuance of shares or corporate or corporate bonds of more than 1 million yuan.
"serious consequences" refer to the unauthorized issuance of stocks or corporate bonds to investors and creditors causing losses of more than 200,000 yuan.
"Other serious circumstances" refers to one of the following circumstances:
(1) unauthorized issuance of stocks or corporate or corporate bonds more than twice;
(2) unauthorized issuance of stocks or corporate or corporate bonds, causing bad social impact.
Twelve crimes of insider trading and information leakage. The "serious circumstances" stipulated in Article 180 of the Criminal Law refers to one of the following circumstances:
(1) The amount of insider trading is more than 500,000 yuan;
(2) The insider trading is conducted multiple times and insider information is leaked;
(3) The transaction price and trading volume fluctuate abnormally.
"The circumstances are particularly serious", which refers to one of the following situations:
(1) The amount of insider trading is more than 2 million yuan;
(2) The person has been administratively punished for insider trading, but still conducts insider trading and leaks insider information;
(3) has caused a bad impact.
13. The crime of fabricating and disseminating false information in securities and futures trading.The "causing serious consequences" stipulated in Article 181, paragraph 1 of the Criminal Law refers to the amount of direct economic losses of individual investors exceeding RMB 30,000 and direct economic losses of institutional investors exceeding RMB 200,000.
"The plot is particularly bad", which refers to one of the following situations:
(1) Multiple deceptions caused by investors' direct economic losses of more than 50,000 yuan;
(2) Has been administratively punished for luring investors to buy and sell securities and futures , and still luring investors to buy and sell securities and futures;
(3) Forged transaction records and evaded review, which has a very bad impact.
15. The crime of manipulating securities and futures trading prices. The "serious circumstances" stipulated in Article 182 of the Criminal Law refers to one of the following circumstances:
(1) The amount of illegal profit is more than 500,000 yuan;
(2) The transaction price and trading volume fluctuate abnormally;
(3) Force others to manipulate the transaction price by means of violence and coercion;
(4) Although it has not met the above amount standard, it has been subject to administrative penalties for manipulating the transaction price of securities and futures for manipulating the transaction price of securities and futures for manipulating the transaction price of securities and futures.
16. . The crime of illegally issuing loans to related parties . The "causing great losses" stipulated in Article 186, Paragraph 1 of the Criminal Law refers to the fact that an individual illegally issues loans to the related party, causing direct economic losses of more than 100,000 yuan, and the unit illegally issues loans to the related party, causing direct economic losses of more than 300,000 yuan.
"causing significant losses" means that an individual illegally issues loans to the related party, causing direct economic losses of more than 500,000 yuan, and an unit illegally issues loans to the related party, causing direct economic losses of more than 1.5 million yuan.
17. Crime of illegally issuing loans. The "causing significant losses" stipulated in Article 186, Paragraph 2 of the Criminal Law refers to the fact that an individual illegally issues loans to others other than the related party, causing direct economic losses of more than 500,000 yuan, and the unit illegally issues loans to others other than the related party, causing direct economic losses of more than 1 million yuan.
"caused particularly significant losses" means that an individual illegally issues loans to others other than the related party, causing direct economic losses of more than 1.5 million yuan, and an unit illegally issues loans to others other than the related party, causing direct economic losses of more than 5 million yuan.
18. The crime of illegally lending and issuing loans using off-book customer funds. The "causing significant losses" stipulated in Article 187 of the Criminal Law refers to the amount of direct economic losses caused by individuals using off-book customer funds to illegally borrow and issue loans to exceed 500,000 yuan, and the amount of direct economic losses caused by unit using off-book customer funds to illegally borrow and issue loans to exceed 1 million yuan.
"caused particularly significant losses", which means that individuals illegally borrowed and issued loans by off-book customer funds, causing direct economic losses of more than 2.5 million yuan, and units illegally borrowed and issued loans by off-book customer funds, causing direct economic losses of more than 5 million yuan.
19, , the crime of illegally issuing financial tickets . Article 188 of the Criminal Law stipulates that "causing greater losses" means that an individual violates the regulations and causes direct economic losses of more than 100,000 yuan, and an unit violates the regulations and causes direct economic losses of more than 300,000 yuan.
"caused significant losses", which means that an individual violates regulations and causes direct economic losses of more than 300,000 yuan, and an individual violates regulations and issues financial notes for others, causing direct economic losses of more than 1 million yuan.
20, accepts illegal notes , payment, and guarantee crimes. The "causing significant losses" stipulated in Article 189 of the Criminal Law refers to the fact that an individual accepts , pays, and guarantees for bills that violate the Bills Law, causing direct economic losses of more than 500,000 yuan, and the unit accepts, pays, and guarantees for bills that violate the treasury law, causing direct economic losses of more than 1 million yuan.
"caused particularly significant losses", which means that an individual accepts, pays and guarantees the bills that violate the provisions of the Bills Law, causing direct economic losses of more than 1.5 million yuan, and an unit accepts, pays and guarantees the bills that violate the provisions of the Bills Law, causing direct economic losses of more than 3 million yuan.
21, money laundering crime . The "serious circumstances" stipulated in Article 191 of the Criminal Law refers to one of the following circumstances:
(1) the amount of money laundering is more than 200,000 yuan;
(2) the money laundering is multiple times;
(3) the money laundering causes new serious crimes;
(4) the money laundering affects the timely detection of major criminal cases.
22. The crime of credit card fraud. The "large amount" stipulated in Article 196 of the Criminal Law refers to the use of forged credit cards, use of invalid credit cards, impersonating other people's credit cards, or malicious overdrafts to engage in edible card fraud activities, with the amount exceeding 5,000 yuan.
"The amount is huge", which refers to the use of forged credit cards, use invalid credit cards, impersonating other people's credit cards or malicious overdrafts to engage in credit card fraud activities, with an amount of more than 50,000 yuan.
"The amount is particularly huge", which refers to the use of forged credit cards, using invalid credit cards, impersonating other people's credit cards or malicious overdrafts to engage in credit card fraud activities, with an amount of more than 200,000 yuan.
"Other serious circumstances" refers to one of the following circumstances:
(1) using credit cards to conduct fraud activities multiple times;
(2) being subject to administrative penalties for using credit cards to fraud and using credit cards to conduct fraud activities;
(3) using the defrauded stolen money for illegal activities.
"Other particularly serious circumstances" refers to one of the following circumstances:
(1) colluding with bank credit card business personnel and special merchant personnel to engage in credit card fraud activities;
(2) using deceptive means to defraud others' credit cards and impersonate or maliciously overdraw;
(3) causing a bad impact.
23. The crime of securities fraud. The "large amount" stipulated in Article 197 of the Criminal Law refers to the use of forged or altered treasury bonds or other securities issued by the state to conduct fraud activities, with an amount of more than 5,000 yuan; "large amount" refers to the use of forged or altered treasury bonds or other securities issued by the state to conduct fraud activities, with an amount of more than 30,000 yuan; "specially huge" refers to the use of forged or altered treasury bonds or other securities issued by the state to conduct fraud activities, with an amount of more than 150,000 yuan.
"Other serious circumstances" refers to one of the following circumstances:
(1) who engages in securities fraud activities multiple times;
(2) who have been administratively punished for conducting securities fraud activities and have conducted securities fraud activities;
(3) who have a large scale, a large number of people being cheated, and has a wide impact.
"Other particularly serious circumstances" refers to one of the following circumstances:
(1) using securities to defraud others of urgently needed production and living materials;
(2) using securities to defraud disaster relief, rescue, flood prevention, preferential treatment, relief, poverty alleviation, and medical funds;
(3) causing the victim's death, mental disorder and other serious consequences.
24. The crime of defrauding export tax rebates. The "large amount" stipulated in the first paragraph of Article 204 of the Criminal Law refers to defrauding the national export tax refund amount of more than 20,000 yuan; "large amount" refers to defrauding the national export tax refund amount of more than 200,000 yuan; "specially huge amount" refers to defrauding the national export tax refund amount of more than 500,000 yuan.
"Other serious circumstances" refers to one of the following circumstances:
(1) The amount is large and the export tax rebate is defrauded multiple times;
(2) He has been administratively punished for defrauding export tax rebate, but still uses false export reporting or other deceptive means to defraud the state's export tax rebate;
(3) The defrauded export tax rebate is used for illegal activities.
"Other particularly serious circumstances" refers to one of the following situations:
(1) causes significant losses to the country;
(2) causes bad impact.
25, crime of counterfeiting registered trademark . The "serious circumstances" stipulated in Article 213 of the Criminal Law refers to one of the following circumstances:
(1) The amount of illegal income of an individual is more than 20,000 yuan or the illegal operation amount is more than 100,000 yuan; the amount of illegal income of an unit is more than 100,000 yuan or the illegal operation amount is more than 500,000 yuan;
(2) The counterfeit registered trademark is more than 10,000 copies (sets);
(3) The counterfeit registered trademark is given a second administrative penalty by the industrial and commercial administrative department for impersonating a registered trademark;
(4) The counterfeit registered trademark is more than 100 copies (sets) of human drug trademark.
"The circumstances are particularly serious", which means that one of the following circumstances is:
(1) If the amount of illegal income of an individual is more than 100,000 yuan or the amount of illegal operation is more than 500,000 yuan, the amount of illegal income of an unit is more than 500,000 yuan or the amount of illegal operation is more than 3 million yuan;
(2) If the fake registered trademark is more than 100,000 copies (sets);
(3) If the fake well-known trademark is more than 500 copies (sets) of the human drug trademark is more than 500 copies (sets) of the trademark.
26, , , the crime of selling counterfeit registered trademarks . The "large amount" stipulated in Article 214 of the Criminal Law refers to the individual sales amount of more than 100,000 yuan and the unit sales amount is more than 500,000 yuan; the "large amount" refers to the individual sales amount of more than 500,000 yuan and the unit sales amount is more than 3 million yuan.
27. Illegal manufacturing, . The crime of selling illegally manufactured registered trademarks and marks . The "serious circumstances" stipulated in Article 215 of the Criminal Law refers to one of the following circumstances:
(1) The illegal income is more than 200,000 yuan or the amount of illegal operation is more than 200,000 yuan;
(2) The illegal manufacturing and sale of registered trademarks and trademarks has been subject to administrative penalties for more than two times, and the illegal manufacturing of registered trademarks and trademarks is illegally manufactured and sold;
(3) The illegal manufacturing and sale of registered trademarks and trademarks for illegal manufacturing are more than 10,000 copies (sets);
(4) The illegal manufacturing and sale of registered well-known trademarks or trademarks for human use are more than 100 copies (sets) of registered trademarks and trademarks for illegal manufacturing are more than 100 copies (sets) of registered drug trademarks and trademarks for human use are illegally manufactured.
"The circumstances are particularly serious", which refers to one of the following situations:
(1) The amount of illegal income is more than 100,000 yuan or the amount of illegal operation is more than 500,000 yuan;
(2) The illegal manufacturing and sales of illegally manufactured registered trademarks with more than 100,000 copies (sets);
(3) The illegal manufacturing and sales of illegally manufactured well-known trademarks or human drug trademarks with more than 500 copies (sets);
(4) The illegal manufacturing and sales of illegally manufactured registered trademarks with more than 500 copies (sets) or human drug trademarks;
(4) The illegal use of bribery and other illegal means to promote illegally manufactured registered trademarks.
28, false advertising crime . The "serious circumstances" stipulated in Article 222 of the Criminal Law refers to the following circumstances:
(1) The amount of illegal income is more than 100,000 yuan;
(2) The amount of direct economic losses caused to consumers is more than 500,000 yuan;
(3) Although it has not met the above amount standard, it has been subject to administrative penalties for false advertising for more than twice, and has used advertisements for false advertising;
(4) The cause of personal injury or other serious consequences.
29, collusion to bid . The "serious circumstances" stipulated in Article 223 of the Criminal Law refers to the fact that the bidder colluded with each other to bid for , or the bidder colluded with the bidder to bid, and had one of the following circumstances:
(1) The direct economic loss caused by damage to the legitimate interests of the bidder, bidder, or the state, collective, and citizens is more than 500,000 yuan;
(2) Although the above amount standard has not met the above amount standard, he has been subject to administrative penalties for collusion to bid for more than two times and colluded to bid.
30. Contract fraud crime.The "large amount" stipulated in Article 224 of the Criminal Law refers to the amount of public and private property fraud of more than 100,000 yuan, and the amount of public and private property fraud of more than 100,000 yuan; "huge amount" refers to the amount of public and private property fraud of more than 500,000 yuan, and the amount of public and private property fraud of more than 500,000 yuan; "extremely huge" refers to the amount of public and private property fraud of more than 300,000 yuan, and the amount of public and private property fraud of more than 2 million yuan.
"Other serious circumstances" refers to one of the following circumstances:
(1) have bad motives and means of committing the crime;
(2) have caused bad impacts by multiple frauds;
(3) have caused the victim to suffer damage and have difficulty living;
(4) refuse to return the stolen goods, repay debts and compensate for losses.
"Other particularly serious circumstances" refers to one of the following circumstances:
(1) Fraudulent production materials that are urgently needed by legal persons, other organizations or others, seriously affecting production or causing other serious losses;
(2) Fraudulent crimes and commit serious harm;
(3) Fraudulent disaster relief, emergency rescue, flood prevention, poverty alleviation, medical funds and materials, etc., causing serious consequences;
(4) Squandering the fraudulent property, causing the fraudulent property to be unable to be returned;
(5) Using the fraudulent property to engage in illegal and criminal activities;
(6) causing the victim's death, mental disorder or other serious consequences.
31. Crime of illegal business operations. Except for the judicial interpretation that has made special provisions, if an individual's illegal business amount is more than 100,000 yuan or the illegal income amount is more than 30,000 yuan, and the unit's illegal business amount is more than 500,000 yuan or the illegal income amount is more than 100,000 yuan, it can be regarded as one of the "serious circumstances" stipulated in Article 225 of the Criminal Law; if an individual's illegal business amount is more than 300,000 yuan or the illegal income amount is more than 100,000 yuan, and the unit's illegal business amount is more than 1.5 million yuan or the illegal income amount is more than 300,000 yuan, it can be regarded as one of the "serious circumstances" stipulated in Article 225 of the Criminal Law.
Illegal operation of foreign exchange and in any of the following circumstances is a "serious situation"
(1) Buying and selling foreign exchange outside the designated foreign exchange bank and the China Foreign Exchange Trading Center and its sub-center, with the amount not less than US$200,000, or the amount of illegal income is more than RMB 50,000;
(2) The unit violates the regulations on foreign trade agency business and uses illegal means, or knowingly forged or altered vouchers and commercial documents to fraudulently purchase foreign exchange from the designated foreign exchange bank for others, with the amount being more than US$5 million, or the amount of illegal income is more than RMB 500,000;
(3) Intermediate introduction of fraudulent purchase of foreign exchange, with the amount being more than US$1 million or the amount of illegal income is more than RMB 100,000.
has one of the following circumstances, which is "specially serious":
(1) Buying and selling foreign exchange outside the designated foreign exchange bank and China Foreign Exchange Trading Center and its sub-center, with an amount of more than US$1 million, or the amount of illegal income is more than RMB 200,000;
(2) The unit violates the regulations on foreign trade agency business and uses illegal means, or knowingly forged or altered vouchers and commercial documents to fraudulently purchase foreign exchange from designated foreign exchange banks for others, with an amount of more than US$25 million, or the amount of illegal income is more than RMB 2.5 million;
(3) introduces fraudulent purchase of foreign exchange, with an amount of more than US$5 million or the amount of illegal income is more than RMB 500,000.
violates national regulations and publishes, prints, copies, and publishes illegal publications, and in any of the following circumstances, it is considered "serious":
(1) The amount of illegal business of an individual is more than 50,000 yuan, and the amount of illegal business of an individual is more than 150,000 yuan;
(2) The amount of illegal income of an individual is more than 20,000 yuan, and the amount of illegal income of an individual is more than 50,000 yuan;
(3) The person illegally operates 5,000 newspapers or 5,000 journals or 2,000 books or 500 audio-visual products and electronic publications, and the unit illegally operates 15,000 newspapers or 15,000 journals or 5,000 books or 1,500 audio-visual products and electronic publications.
violates national regulations and publishes, prints, copies, and publishes illegal publications, and in any of the following circumstances, it is considered to be "specially serious":
(1) The amount of illegal business of an individual is more than 200,000 yuan, and the amount of illegal business of an individual is more than 600,000 yuan;
(2) The amount of illegal income of an individual is more than 100,000 yuan, and the amount of illegal income of an individual is more than 250,000 yuan;
(3) The person illegally operates 20,0000 newspapers or 20,000 journals or 10,000 books or 2,000 audio-visual products and electronic publications, and the unit illegally operates 60,000 newspapers or 60,000 journals or 20,000 books or 60,000 audio-visual products and electronic publications.
If the illegal operation of securities, futures or insurance business without the approval of the relevant state authorities, and the amount of illegal operation is more than 300,000 yuan, or the amount of illegal income is more than 50,000 yuan, it is considered "serious circumstances"; if the amount of illegal operation is more than 1.2 million yuan, or the amount of illegal income is more than 200,000 yuan, it is considered "specially serious circumstances".
32. The crime of forced transaction. The "serious circumstances" stipulated in Article 226 of the Criminal Law refers to one of the following circumstances:
(1) forced transactions multiple times;
(2) forced transaction amount is more than 5,000 yuan;
(3) causing personal injury or major direct economic losses to the forced person;
(4) having other serious consequences.
33. The crime of providing false proof documents. The "serious circumstances" stipulated in the first paragraph of Article 229 of the Criminal Law refers to one of the following circumstances:
(1) The amount of direct economic losses caused to the state, the public or other investors is more than 500,000 yuan;
(2) Although it has not met the above amount standard, it has been subject to administrative penalties for providing false proof documents and has provided false proof documents for more than two times and has provided false proof documents;
(3) Provide false proof documents multiple times;
(4) The holder of the false proof documents uses false proof documents to conduct illegal activities or commit crimes.
34. Issuing certificate documents is serious crimes. The "serious consequences" stipulated in Article 229, Paragraph 3 of the Criminal Law refers to the amount of direct economic losses caused to the state, the public or other investors exceeding RMB 1 million.
Article 35, evading commercial inspection. The "serious circumstances" stipulated in Article 230 of the Criminal Law refers to one of the following circumstances:
(1) The amount of direct economic losses caused to the state, unit or individual is more than 500,000 yuan;
(2) The epidemic, disasters or other serious consequences are caused.
36. Gathering people to loot. The "large amount" stipulated in Article 268 of the Criminal Law refers to gathering people to loot public and private property for more than 5,000 yuan; "large amount" refers to gathering people to loot public and private property for more than 50,000 yuan.
"Other serious circumstances" refers to one of the following situations:
(1) There are a large number of people involved in looting;
(2) There are not large amounts of looting, but there are a large number of times of looting;
(3) There are special materials such as rescue, disaster relief, relief, preferential treatment, etc.;
(4) There are more important materials;
(5) There are general historical relics.
"Other particularly serious circumstances" refers to one of the following situations:
(1) looting important military supplies;
(2) looting precious cultural relics unearthed from ;
(3) causing huge losses to public and private property due to robbery;
(4) inciting large-scale and large-scale looting activities with serious consequences;
(5) causing large-scale and medium-sized enterprises to stop production and business;
(6) causing the victim to be mentally ill and commit suicide due to robbery.
37. Crime of embezzlement. The "large amount" stipulated in Article 270 of the Criminal Law refers to the amount of more than 10,000 yuan; the "large amount" refers to the amount of more than 50,000 yuan.
"Other serious circumstances" refers to one of the following situations:
(1) multiple encroachments;
(2) encroaching important items in large amounts;
(3) causing serious consequences.
38, crime of embezzlement of office .The "large amount" stipulated in Article 271 of the Criminal Law refers to the amount of more than 10,000 yuan; the "large amount" refers to the amount of more than 100,000 yuan.
39. The crime of embezzling funds. The "large amount" stipulated in Article 272 of the Criminal Law refers to one of the following circumstances:
(1) Misappropriate funds of this unit have not been returned for more than three months, and the amount is more than 20,000 yuan;
(2) Misappropriate funds of this unit for profit activities, the amount is more than 20,000 yuan;
(3) Misappropriate funds of this unit for illegal activities, the amount is more than 10,000 yuan.
"The amount is huge" means that one of the following situations is:
(1) embezzling funds of this unit for more than three months and the amount is more than 100,000 yuan;
(2) embezzling funds of this unit for profit activities, the amount is more than 100,000 yuan;
(3) embezzling funds of this unit for illegal activities, the amount is more than 50,000 yuan.
40. The crime of embezzling specific money and property. The "serious circumstances" stipulated in Article 273 of the Criminal Law refers to one of the following circumstances:
(1) embezzlement of specific funds and materials is more than 5,000 yuan;
(2) causes direct economic losses of the state and the people to more than 50,000 yuan;
(3) Although the above amount standard has not met, it causes serious difficulties in the production and life of the people.
"The circumstances are particularly serious", which refers to one of the following circumstances:
(1) embezzlement of specific funds and materials worth more than 50,000 yuan;
(2) causing direct economic losses of the state and the people of more than 500,000 yuan;
(3) causing extremely difficult to the people's production and life;
(4) embezzlement of specific funds and materials worth more than 500,000 yuan;
(5) causing other serious consequences.
41, The crime of intentional destruction of property . The "large amount" stipulated in Article 275 of the Criminal Law means that the value of destroyed property is more than 5,000 yuan; the "large amount" means that the value of destroyed property is more than 50,000 yuan.
"Other serious circumstances" refers to one of the following situations:
(1) destroying important property or items;
(2) having bad motivation and means;
(3) who blame others after destroying property.
"Other particularly serious circumstances" refers to one of the following circumstances:
(1) destroying public and private property multiple times;
(2) causing significant losses to production and operation;
(3) causing other serious consequences.
42. Crime of destroying production and operation. Article 276 of the Criminal Law stipulated in Article 276 of the Criminal Law "Damage machinery and equipment, damaging livestock, or disrupting production and operation by other means" and causes direct property losses of more than 5,000 yuan, they shall be convicted and punished.
"Serious circumstances" refer to one of the following circumstances:
(1) destroying production and operation and causing direct property losses of more than 50,000 yuan;
(2) destroying important machinery and equipment and causing serious consequences;
(3) having bad criminal motivation and means, causing extremely bad social impact;
(4) causing production and operation to pause, causing significant indirect economic losses to production and operation.
43. The crime of accepting bribes in the unit. The "serious circumstances" stipulated in Article 387 of the Criminal Law refers to one of the following circumstances:
(1) The amount of bribes is more than 100,000 yuan;
(2) The amount of bribes is caused by significant losses to the interests of the state and society;
(3) The intentional harshness and threatening relevant units and individuals, causing bad influence;
(4) Forcibly demand property or accept more bribes, with the amount of more than 50,000 yuan;
(5) Refusing to confess the crime, actively transfer or conceal the evidence of the crime, and establish an offensive and defensive alliance.
44. The crime of bribery. According to Article 389 of the Criminal Law, if "to seek improper benefits, give state officials property" and the amount is more than 20,000 yuan, they shall be convicted and punished."In economic transactions, if you violate state regulations, you will give state employees property." "The amount is large", that is, if the amount is more than 10,000 yuan; if you violate state regulations, you will give state employees kickbacks and handling fees in various names", and if the amount is more than 20,000 yuan, you will be punished as bribery.
45. The "serious circumstances" stipulated in Article 390 of the Criminal Law refers to one of the following circumstances:
(1) The amount of bribery is more than 50,000 yuan;
(2) The bribery is repeated;
(3) The bribery is used to promote counterfeit products;
(4) The bribery is used to sign a fake contract and defraud property.
"The use of national interests suffers significant losses" means that the direct economic losses to the country are more than 200,000 yuan.
"The circumstances are particularly serious", which refers to one of the following circumstances:
(1) The amount of bribes is more than 100,000 yuan;
(2) The bribes are given to defraud the state of export tax rebate;
(3) The bribes are given to national cultural relics or use specific funds for disaster relief, relief, preferential treatment, poverty alleviation, education, etc. or party and league fees;
(4) The bribes caused major losses to national interests and the direct economic losses are more than 500,000 yuan.
46. The crime of bribery to the unit. According to Article 391 of the Criminal Law, "individuals give property to state organs, state-owned companies, enterprises, institutions, and people's organizations to seek improper benefits" and the amount is more than 100,000 yuan; in order to seek improper benefits, the unit "gives property to state organs, state-owned companies, enterprises, institutions, and people's organizations to seek improper benefits" and the amount is more than 200,000 yuan, they shall be convicted and punished.
47. Introduction to the crime of bribery. The "serious circumstances" stipulated in Article 392 of the Criminal Law refers to one of the following circumstances:
(1) introduces an individual to bribe state staff with an amount of more than 200,000 yuan, and introduces an unit to bribe state staff with an amount of more than 200,000 yuan;
(2) causes significant losses to the interests of the state or social;
(3) introduces bribes for more than 3 people;
(4) After the incident, both parties to bribe and accept bribe inform, provide advice, conceal evidence, and evade legal sanctions.
48. The crime of bribery in the unit. The "serious circumstances" stipulated in Article 393 of the Criminal Law refers to one of the following circumstances:
(1) The amount of bribes given by the unit is more than 200,000 yuan;
(2) The unit bribes for seeking improper benefits, with an amount of more than 100,000 yuan less than 200,000 yuan, but one of the following circumstances: ① Bribery for seeking illegal benefits; ② Bribery for more than 3 people; ③ Bribery for party and government leaders, judicial staff, and administrative law enforcement personnel; ④ Causing significant losses to the interests of the state or social.
(3) Although the amount of bribery is less than the above amount standard, there are other serious circumstances.
49. The crime of unknown origin of huge amounts of property. The "huge difference" stipulated in the first paragraph of Article 395 of the Criminal Law means that the property or expenditure of state employees significantly exceeds the legal income and the difference is more than 300,000 yuan.
50. The crime of concealing overseas deposits. The "large amount" stipulated in Article 395, Paragraph 2 of the Criminal Law refers to the amount of overseas deposits concealed and unreported equivalent to more than RMB 300,000.
51. The crime of privately dividing state-owned assets. The "large amount" stipulated in the first paragraph of Article 396 of the Criminal Law refers to the cumulative amount of state-owned assets that is privately distributed is more than 100,000 yuan; the "large amount" refers to the cumulative amount of state-owned assets that is privately distributed is more than 500,000 yuan.
52. The crime of privately dividing and confiscating property. The "large amount" stipulated in Article 396, Paragraph 2 of the Criminal Law means that the accumulated amount of fines and confiscation of property is more than 100,000 yuan; the "large amount" means that the accumulated amount of fines and confiscation of property is more than 500,000 yuan.
The "Opinions" are for reference and implementation in trials by people's courts at all levels across the province. If the provisions of this "Opinion" conflict with the relevant provisions in the judicial interpretation of the Supreme People's Court, the provisions of the judicial interpretation of the Supreme People's Court shall prevail. In the future, the Supreme People's Court will have new regulations and implement them in accordance with the new regulations.
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