Introduction: The Supreme People's Procuratorate and the Ministry of Public Security jointly issued the revised "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" on April 29, which criminalizes five types of non-state work such as bribery by non-state personnel. The standards for filing and prosecution of duty-related crimes by personnel shall be the same as those for duty-related crimes committed by state functionaries such as bribery. Among them, the same criminalization standards for duty-related crimes committed by non-state personnel are adopted as those for duty-related crimes committed by state personnel, and it is clearly stipulated that "personnel of a company, enterprise or other unit take advantage of their position to illegally take possession of the unit's property as their own" If the amount is more than 30,000 yuan, a case should be filed for prosecution." Corresponding adjustments have also been made to the crimes of misappropriating funds and bribing non-state personnel.
Previously, according to the 2016 "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Applicable Laws in Handling Criminal Cases of Corruption and Bribery": the crimes of bribery by non-state staff and the crime of embezzlement of duties include "large amounts" and "huge amounts". "The starting point of the amount shall be two times or five times the amount standard stipulated in this Interpretation for the crime of bribery and corruption, which is 60,000 or 1 million."
Supreme People's Procuratorate, Ministry of Public Security
Provisions on the standards for filing and prosecution of criminal cases under the jurisdiction of public security organs
(2)
Article 1 [Case of Assisting Terrorist Activities ( Criminal Law Article 100) Article 1 of Article 20, paragraph 1)] Those who fund terrorist organizations, individuals who carry out terrorist activities, or those who fund training for terrorist activities should be prosecuted.
Article 2 [Case of Smuggling Counterfeit Currency (Criminal Law Article 151, Paragraph 1)] Anyone who smuggles counterfeit currency and is suspected of one of the following circumstances shall be prosecuted:
(1) The total face value is less than 2,000 yuan or above or the currency quantity is more than 200 pieces (pieces);
(2) The total denomination is more than 1,000 yuan or the currency amount is more than 100 pieces (pieces), and the person has received administrative punishment for smuggling counterfeit currency within two years, and also smuggles counterfeit currency. ;
(3) Other situations in which smuggling of counterfeit currency should be investigated for criminal liability.
Article 3 [Case of False Declaration of Registered Capital (Criminal Law Article 158)] Application for company registration using false certification documents or other fraudulent means to falsely declare registered capital, deceive the company registration authority, and obtain company registration, suspected of the following circumstances If any of the above, a case should be filed for prosecution:
(1) The minimum statutory registered capital is less than 6 million yuan, and the falsely reported amount accounts for more than 60% of the amount of capital contribution payable;
(2) The minimum statutory registered capital More than 6 million yuan, and the falsely reported amount accounts for more than 30% of the amount of capital contribution payable;
(3) The cumulative amount of direct economic losses caused to investors or other creditors exceeds 500,000 yuan;
(4) Although Does not meet the above amount standards, but has one of the following circumstances:
1. Received more than two administrative penalties for falsely reporting registered capital within two years, and then falsely reported registered capital;
2. Bribery to the company's registration manager;
3. Registered for the purpose of carrying out illegal activities.
(5) Other situations with serious consequences or other serious circumstances.
This article only applies to companies that implement the paid-in registered capital registration system in accordance with the law.
Article 4 [Case of False Capital Contribution and Escaped Capital Contribution (Criminal Law Article 159)] Company promoters and shareholders violate the provisions of the Company Law by failing to deliver currency, physical objects or transfer property rights, make false capital contributions, or If a company withdraws its capital after its establishment and is suspected of one of the following circumstances, a case shall be filed for prosecution:
(1) The minimum legal registered capital is less than 6 million yuan, and the amount of false capital contribution or withdrawal of capital contribution accounts for the amount of its payable capital contribution More than 60%;
(2) The minimum statutory registered capital exceeds six million yuan, and the amount of false capital contribution or evaded capital contribution accounts for more than 30% of the amount of capital due;
(3) The company, The cumulative direct economic losses of shareholders and creditors exceed 500,000 yuan;
(4) Although the above amount standards are not reached, one of the following circumstances exists:
1. Causing the company to become insolvent or unable to operate normally;
2. The company's promoters and shareholders conspire to make false capital contributions and evade capital contributions;
3. Those who have received more than two administrative penalties within two years due to false investment or withdrawal of capital, and also made false investment and withdrawn capital;
4. Using false capital contributions or withdrawing funds obtained from capital contributions to carry out illegal activities.
(5) Other situations with serious consequences or other serious circumstances.
This article only applies to companies that implement the paid-in registered capital registration system in accordance with the law.
Article 5 [Case of Fraudulent Securities Issuance (Criminal Law Article 160)] Concealing important facts or fabricating major false content in prospectuses, subscription letters, company or enterprise bond raising methods and other issuance documents, issuing stocks or Companies, corporate bonds, depository receipts or other securities recognized by the State Council in accordance with the law, if suspected of any of the following circumstances, shall be prosecuted:
(1) The amount of illegally raised funds exceeds 10 million yuan;
(2) The inflated increase or decrease in assets reaches more than 30% of the total assets for the current period;
(3) The inflated increase or decrease in operating income reaches more than 30% of the total operating income for the current period;
(4) The inflated increase or decrease The profit reduction reaches more than 30% of the total profit for the current period;
(5) The amount involved in concealing or fabricating major litigation, arbitration, guarantees, related transactions or other major matters or the cumulative amount for twelve consecutive months reaches the latest More than 50% of the net assets disclosed in the first phase;
(6) Causing investors to accumulate direct economic losses of more than one million yuan;
(7) Forging or altering official documents of state agencies for the purpose of fraudulently issuing securities , valid certification documents or relevant vouchers and documents;
(8) Bribery to units or personnel responsible for financial supervision and management for the purpose of fraudulent issuance of securities;
(9) The funds raised are all or mainly used for illegal and criminal activities;
(10) Other situations with serious consequences or other serious circumstances.
Article 6 [Case of illegal disclosure or non-disclosure of important information (Criminal Law Article 161)] Companies and enterprises that have information disclosure obligations in accordance with the law provide financial accounting that is false or conceals important facts to shareholders and the public. report, or fails to disclose other important information that should be disclosed in accordance with the law, and is suspected of one of the following circumstances, a case shall be filed for prosecution:
(1) The total amount of direct economic losses caused to shareholders, creditors or others exceeds one million yuan
(2) The inflated increase or decrease in assets reaches more than 30% of the total assets disclosed in the current period;
(3) The inflated increase or decrease in operating income reaches more than 30% of the total operating income disclosed in the current period.
(4) The false increase or decrease in profits reaches more than 30% of the total profits disclosed for the current period;
(5) Involvement in major litigation, arbitration, guarantees, related transactions or other major matters that are not disclosed in accordance with regulations The amount or the accumulated amount for twelve consecutive months reaches more than 50% of the net assets disclosed in the latest period;
(6) causing companies and enterprises that do not meet the issuance conditions to fraudulently obtain issuance approval or registration and be listed for trading;
(7) Cause the stocks issued by the company or enterprise or the company, enterprise bonds, depositary receipts or other securities recognized by the State Council in accordance with the law to be terminated from listing and trading;
(8) Disclose losses as profits in the company's financial accounting report, or Disclosing profits as losses;
(9) Providing financial accounting reports that are false or concealing important facts multiple times, or repeatedly failing to disclose other important information that should be disclosed in accordance with the law;
(10) Other serious harm to shareholders , the interests of creditors or other persons, or other serious circumstances.
Article 7 [Case of Obstruction of Liquidation (Article 162 of the Criminal Law)] When a company or enterprise is liquidating, concealing property, making false records on the balance sheet or property list, or distributing the company or enterprise before paying off debts If the property is suspected of one of the following circumstances, a case shall be filed for prosecution:
(1) Concealing the value of the property over 500,000 yuan;
(2) Making false records on the balance sheet or property list involving an amount of more than 500,000 yuan Above;
(3) Distributing company or enterprise property with a value of more than 500,000 yuan before repaying debts;
(4) Causing creditors or other persons with direct economic losses exceeding 100,000 yuan in total;
(5 ) Although the above amount standards are not reached, the wages, social insurance fees and statutory compensation of the employees that should be paid cannot be paid in a timely manner, causing adverse social impact;
(6) Other situations that seriously damage the interests of creditors or other people.
Article 8 [Case of Concealing or Deliberately Destroying Accounting Vouchers, Accounting Books, and Financial Accounting Reports (Criminal Law Article 162-1)] Concealing or Deliberately Destroying Accounting Vouchers, Accounting Books, and Financial Accounting Reports that should be kept in accordance with the law. If the accounting report is suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) Concealing or deliberately destroying accounting vouchers, accounting books, and financial accounting reports involving an amount of more than 500,000 yuan;
(2) Should be legally required Concealing, deliberately destroying or refusing to hand over accounting vouchers, accounting books, and financial accounting reports to supervisory agencies, judicial agencies, administrative agencies, relevant competent departments, etc.;
(3) Other serious circumstances.
Article 9 [False Bankruptcy Cases (Criminal Law Article 162-2)] Companies and enterprises implement false bankruptcy by concealing property, assuming fictitious debts, or transferring or disposing of property in other ways, and are suspected of the following circumstances 1. A case should be filed for prosecution:
(1) Concealing property worth more than 500,000 yuan;
(2) Bearing fictitious debts involving an amount of more than 500,000 yuan;
(3) Transferring, The value of the property disposed of is more than 500,000 yuan;
(4) The cumulative amount of direct economic losses caused to creditors or others is more than 100,000 yuan;
(5) Although the above amount standard is not reached, the wages of employees who should be paid off , Social insurance fees and statutory compensation cannot be paid off in a timely manner, causing adverse social impact;
(6) Other situations that seriously damage the interests of creditors or other people.
Article 10 [Case of bribery by non-state personnel (Article 163 of the Criminal Law)] Employees of companies, enterprises or other units take advantage of their positions to extort property from others or illegally accept property from others to seek benefits for others. , or in economic transactions, take advantage of the convenience of the position, violate state regulations, accept kickbacks and handling fees in various names, and own them personally, and the amount is more than 30,000 yuan, a case should be filed for prosecution.
Article 11 [Case of bribery of non-state personnel (Criminal Law Article 164, Paragraph 1)] In order to obtain illegitimate benefits, giving property to staff of a company, enterprise or other unit, the amount of personal bribery is within If the bribe amount exceeds 30,000 yuan, and the amount of bribe paid by the unit exceeds 200,000 yuan, a case shall be filed for prosecution.
Article 12 [Case of Bribery of Foreign Public Officials and Officials of International Public Organizations (Criminal Law Article 164, Paragraph 2)] In order to obtain unfair commercial interests, giving property to foreign public officials or officials of international public organizations, If the amount of bribe paid by an individual exceeds 30,000 yuan, and if the amount of bribe paid by an organization exceeds 200,000 yuan, a case shall be filed for prosecution.
Article 13 [Case of Breach of Trust Damaging the Interests of a Listed Company (Criminal Law Article 169-1)] Directors, supervisors, and senior managers of a listed company violate their duty of loyalty to the company and take advantage of their positions to manipulate the listed company. Anyone who engages in behavior that harms the interests of a listed company, and the controlling shareholder or actual controller of a listed company instructs directors, supervisors, or senior managers of a listed company to carry out behavior that harms the interests of a listed company, and is suspected of one of the following circumstances, shall file a case for prosecution:
(1) Providing funds, goods, services or other assets to other units or individuals free of charge, causing direct economic losses of more than 1.5 million yuan to the listed company;
(2) Providing or accepting under obviously unfair conditions Funds, goods, services or other assets causing direct economic losses of more than 1.5 million yuan to a listed company;
(3) Providing funds, goods, services or other assets to units or individuals that are obviously insolvent, Causing the listed company direct economic losses of more than 1.5 million yuan;
(4) Providing guarantees for units or individuals that are obviously insolvent, or providing guarantees for other units or individuals without justifiable reasons, causing the listed company to directly The amount of economic loss is more than 1.5 million yuan;
(5) Giving up creditor's rights and assuming debts without justifiable reasons, causing the listed company's direct economic loss to be more than 1.5 million yuan;
(6) Causing the company, The stocks issued by the enterprise or the company, corporate bonds, depositary receipts or other securities recognized by the State Council in accordance with the law are terminated from listing and trading;
(7) Other circumstances that cause the listed company to suffer significant losses to its interests.
Article 14 [Counterfeiting Currency Case (Article 170 of the Criminal Law)] Anyone who forges currency and is suspected of one of the following circumstances shall be prosecuted:
(1) The total face value is more than 2,000 yuan or the currency amount is more than 2,000 yuan. More than two hundred pieces (coins);
(2) The total denomination is more than 1,000 yuan or the amount of coins is more than 100 (pieces), and the person has received administrative punishment for counterfeiting currency within two years, and also counterfeited currency;
(3) Making currency patterns or providing patterns for others to counterfeit currency;
(4) Other circumstances in which counterfeit currency should be investigated for criminal liability.
Article 15 [Case of Selling, Buying, and Transporting Counterfeit Currency (Case of Selling, Buying, and Transporting Counterfeit Currency (Criminal Law Article 171, Paragraph 1))] Selling or purchasing counterfeit currency or transporting it knowingly that it is counterfeit currency is suspected of one of the following circumstances: A case should be filed for prosecution:
(1) The total face value is more than 4,000 yuan or the currency amount is more than 400 pieces (pieces);
(2) The total face value is more than 2,000 yuan or the currency amount is 200 pieces (pieces). Those who have received administrative penalties for selling, purchasing, or transporting counterfeit currency within two years, and then sold, purchased, or transported counterfeit currency;
(3) Other circumstances in which the sale, purchase, or transportation of counterfeit currency shall be investigated for criminal liability.
If a person is caught selling counterfeit currency, in addition to the counterfeit currency seized on site that should be deemed as the amount of counterfeit currency sold, the counterfeit currency seized off-site at the perpetrator's residence or other hiding place should also be deemed as the amount of counterfeit currency sold.
Article 16 [Case of Financial Staff Purchasing Counterfeit Currency and Exchanging Counterfeit Currency for Currency (Criminal Law Article 171, Paragraph 2)] Employees of banks or other financial institutions purchase counterfeit currency or take advantage of their positions , if counterfeit currency is exchanged for currency, and the total face value is more than 2,000 yuan or the currency quantity is more than 200 pieces (pieces), a case shall be filed for prosecution.
Article 17 [Case of Possession and Use of Counterfeit Currency (Article 172 of the Criminal Law)] Anyone who knowingly holds or uses counterfeit currency and is suspected of one of the following circumstances shall be prosecuted:
(1 ) The total face value is more than 4,000 yuan or the currency amount is more than 400 pieces (coins);
(2) The total face value is more than 2,000 yuan or the currency amount is more than 200 pieces (coins), within two years due to holding, Those who have received administrative penalties for using counterfeit currency and then hold and use counterfeit currency;
(3) Other situations where holding and using counterfeit currency should be investigated for criminal liability.
Article 18 [Case of Altering Currency (Article 173 of the Criminal Law)] Anyone who alters currency and is suspected of one of the following circumstances shall be prosecuted:
(1) The total denomination is less than two thousand yuan or above or the currency quantity is more than 200 pieces (pieces);
(2) The total denomination is more than 1,000 yuan or the currency amount is more than 100 pieces (pieces), and the person has received an administrative penalty for altering currency within two years, and then altered it. Currency;
(3) Other circumstances in which currency alteration should be investigated for criminal liability.
Article 19 [Case of unauthorized establishment of financial institutions (Criminal Law, Article 174, Paragraph 1)] Anyone who establishes a financial institution without authorization from the relevant national competent authorities and is suspected of one of the following circumstances shall be prosecuted :
(1) Establishing commercial banks, stock exchanges, futures exchanges, securities companies, futures companies, insurance companies or other financial institutions without authorization;
(2) Establishing preparatory organizations for financial institutions without authorization.
Article 20 [Case of forging, altering, and transferring financial institution business licenses and approval documents (Criminal Law Article 174, Paragraph 2)] Forging, altering, and transferring commercial banks, stock exchanges, and futures If the business license or approval document of an exchange, securities company, futures company, insurance company or other financial institution is obtained, a case shall be filed for prosecution.
Article 21 [Usury loan case (Criminal Law Article 175)] For the purpose of making profits through loan , defrauding financial institutions’ credit funds and loaning them to others at high interest rates, and the amount of illegal income is less than 500,000 If the amount exceeds RMB 10,000, a case should be filed for prosecution.
Article 22 [Defrauding loans, bill acceptance , financial bill cases (Criminal Law Article 175-1)] Obtaining loans, bill acceptance, letters of credit from banks or other financial institutions by deceptive means , letter of guarantee , etc., which cause direct economic losses of more than 500,000 yuan to banks or other financial institutions, a case should be filed for prosecution.
Article 23 [Illegal Absorption of Public Deposits Case (Criminal Law Article 176)] Anyone who illegally absorbs public deposits or absorbs public deposits in disguised form, disrupts financial order, and is suspected of one of the following circumstances shall be filed. Prosecution:
(1) Illegal absorption or disguised absorption of public deposits amounting to more than one million yuan;
(2) Illegal absorption or disguised absorption of public deposits from more than 150 people;
(3) Illegal absorption or disguised absorption Absorbing deposits from the public and causing direct economic losses to fund-raising participants exceeding RMB 500,000;
illegally absorbing or absorbing deposits from the public in a disguised form exceeding RMB 500,000 or causing direct economic losses to fund-raising participants exceeding RMB 25 If the amount exceeds 10,000 yuan and is suspected of one of the following circumstances, a case shall be filed for prosecution:
(1) Those who have been criminally investigated for illegal fund-raising;
(2) Those who have been subject to administrative penalties for illegal fund-raising within two years;
(3) Those who have caused a bad society impact or other serious consequences.
Article 24 [Case of forging and altering financial instruments (Criminal Law Article 177)] Anyone who forges or alters financial instruments and is suspected of one of the following circumstances shall be prosecuted:
(1) Forgery , alter bills of exchange , cashier's checks, checks, or forge or alter entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers , or forge or alter letters of credit or accompanying documents and documents , the total denomination is more than 10,000 yuan or the number is more than ten;
(2) Forging more than one credit card, or forging more than ten blank credit cards.
Article 25 [Case of Obstructing Credit Card Management (Criminal Law Article 177-1, Paragraph 1)] Anyone who obstructs credit card management and is suspected of one of the following circumstances shall be prosecuted:
(1) Knowingly doing so Holding and transporting counterfeit credit cards;
(2) Holding and transporting blank credit cards knowing that they are counterfeit, with the total number exceeding ten;
(3) Illegal holding of other people's credit cards, with the total number exceeding five
(4) Using false identity documents to fraudulently obtain credit cards;
(5) Selling, purchasing, or providing others with forged credit cards or credit cards fraudulently obtained using false identity documents.
Against the wishes of others, use their resident ID card, military officer ID card, soldier ID card, Mainland Travel Permit for Hong Kong and Macao residents, Mainland Travel Permit for Taiwan residents, passport and other identity documents to apply for a credit card, or use a forged or altered identity If proof is used to apply for a credit card, it should be deemed as "using false identity certificates to fraudulently obtain a credit card."
Article 26 [ Case of Stealing, Bribing, and Illegally Providing Credit Card Information (Criminal Law Article 177-1, Paragraph 2)] Stealing, bribing, or illegally providing other people’s credit card information, which is sufficient for forgery. The credit card used for the transaction, or enough to enable others to conduct transactions in the name of the credit card holder, and if more than one credit card is involved, a case should be filed for prosecution.
Article 27 [Case of forging and altering state securities (Criminal Law, Article 178, Paragraph 1)] Forging or altering treasury bills or other securities issued by the state, with a total face value of If the amount exceeds 2,000 yuan, a case should be filed for prosecution.
Article 28 [Case of counterfeiting or altering stocks, company or enterprise bonds (Criminal Law Article 178, Paragraph 2)] Counterfeiting or altering stocks or company or enterprise bonds with a total face value of 30,000 yuan For the above, a case should be filed for prosecution.
Article 29 [Case of unauthorized issuance of stocks, company or enterprise bonds (Criminal Law Article 179)] Any unauthorized issuance of stocks or company or enterprise bonds without approval or registration by the relevant national competent authorities is suspected of the following circumstances If one of the above is involved, a case should be filed for prosecution:
(1) The amount of illegally raised funds is more than one million yuan;
(2) The cumulative amount of direct economic losses to investors is more than 500,000 yuan;
(3) Fund raising The funds are all or mainly used for illegal and criminal activities;
(4) Other situations with serious consequences or other serious circumstances.
The "unauthorized issuance of stocks or company or enterprise bonds" stipulated in this article refers to the issuance or disguised issuance of stocks or company or enterprise bonds to unspecified objects in the society by transferring equity, or the issuance or disguised issuance of stocks or companies or enterprises to specific objects. The total number of bonds exceeded 200 people.
Article 30 [Insider trading and leakage of inside information cases (Criminal Law, Article 180, Paragraph 1)] Persons or entities with knowledge of inside information on securities or futures trading, or persons who illegally obtain inside information on securities or futures trading, An entity, before the issuance of securities, trading of securities or futures or other information that has a significant impact on the trading prices of securities or futures is made public, buys or sells the securities, or engages in futures transactions related to the inside information, or leaks it If the information, or expressly or implying that others are engaged in the above-mentioned trading activities, is suspected of one of the following circumstances, a case shall be filed for prosecution:
(1) Profit or avoidance of loss exceeding 500,000 yuan;
(2) Securities transaction transaction The amount is more than 2 million yuan;
(3) The amount of margin occupied by futures trading is more than 1 million yuan;
(4) Conducting insider trading and leaking inside information more than three times within two years;
(5) Expressly stating, Implying that three or more people are engaged in securities and futures trading activities related to inside information;
(6) There are other serious circumstances.
If the amount of profits or losses avoided from insider trading is more than 250,000 yuan, or the transaction volume of securities transactions is more than 1 million yuan, or the amount of margin occupied by futures trading is more than 500,000 yuan, and at the same time, he is suspected of one of the following circumstances, A case should be filed for prosecution:
(1) Insiders of securities trading insider information stipulated in the Securities Law carry out or jointly carry out insider trading with others;
(2) expressly or implicitly sell inside information by selling or selling in disguised form, etc. Others engage in trading activities related to the inside information;
(3) Received criminal prosecution for securities or futures crimes;
(4) Received administrative penalties for securities or futures crimes within two years;
(5) Caused other serious consequences.
Article 31 [Case of trading using undisclosed information (Criminal Law, Article 180, Paragraph 4)] Stock exchanges, futures exchanges, securities companies, futures companies, fund management companies, commercial banks, insurance companies Employees of other financial institutions, as well as staff of relevant regulatory authorities or industry associations, use undisclosed information other than inside information obtained for the convenience of their duties, violate regulations, engage in securities and futures trading activities related to the information, or expressly disclose , implying others to engage in relevant trading activities, and are suspected of one of the following circumstances, a case should be filed for prosecution:
(1) Making a profit or avoiding a loss of more than one million yuan;
(2) Using undisclosed information more than three times within two years Trading;
(3) Expressing or implying that more than three people are engaged in relevant trading activities;
(4) There are other serious circumstances.
uses undisclosed information to trade, and the amount of profits or losses avoided is more than 500,000 yuan, or the transaction volume of securities transactions is more than 5 million yuan, or the amount of margin occupied by futures trading is more than 1 million yuan, and at the same time, he is suspected of any of the following circumstances 1. A case should be filed for prosecution:
(1) Expressly or implying that others are engaged in relevant trading activities by selling or selling undisclosed information in disguised form;
(2) Anyone who has been criminally investigated for securities or futures crimes;
( 3) Received administrative punishment for illegal securities or futures activities within two years;
(4) Caused other serious consequences.
Article 32 [Case of Fabricating and Spreading False Information on Securities and Futures Trading (Criminal Law Article 181, Paragraph 1)] Fabricating and spreading false information that affects securities and futures trading, disrupting the securities and futures trading market , if suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) Making a profit or avoiding a loss of more than 50,000 yuan;
(2) Causing direct economic losses to investors of more than 500,000 yuan;
(3) Although the amount does not meet the above standards, it has repeatedly fabricated and spread false information that affects securities and futures trading; (4) Causes abnormal fluctuations in transaction prices or trading volumes; (5) Causes other serious consequences.
Article 33 [Case of deceiving investors into buying and selling securities and futures contracts (Criminal Law Article 181, Paragraph 2)] Employees of stock exchanges, futures exchanges, securities companies, and futures companies, securities industry If a staff member of an association, futures industry association or securities and futures regulatory department intentionally provides false information or forges, alters or destroys transaction records to trick investors into buying and selling securities or futures contracts, and is suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) The amount of profits or losses avoided is more than 50,000 yuan;
(2) The amount of direct economic losses caused to investors is more than 500,000 yuan;
(3) Although the above amount standards are not reached, the amount has been repeatedly Luring investors into buying and selling securities and futures contracts;
(4) causing abnormal fluctuations in transaction prices or trading volumes;
(5) causing other serious consequences. Introduction: The Supreme People's Procuratorate and the Ministry of Public Security jointly issued the revised "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" on April 29, which criminalizes five types of non-state work such as bribery by non-state personnel. The standards for filing and prosecution of duty-related crimes by personnel shall be the same as those for duty-related crimes committed by state functionaries such as bribery. Among them, the same criminalization standards for duty-related crimes committed by non-state personnel are adopted as those for duty-related crimes committed by state personnel, and it is clearly stipulated that "personnel of a company, enterprise or other unit take advantage of their position to illegally take possession of the unit's property as their own" If the amount is more than 30,000 yuan, a case should be filed for prosecution." Corresponding adjustments have also been made to the crimes of misappropriating funds and bribing non-state personnel. Previously, according to the 2016 "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Applicable Laws in Handling Criminal Cases of Corruption and Bribery": the crimes of bribery by non-state staff and the crime of embezzlement of duties include "large amounts" and "huge amounts". "The starting point of the amount shall be two times or five times the amount standard stipulated in this Interpretation for the crime of bribery and corruption, which is 60,000 or 1 million." Supreme People's Procuratorate, Ministry of Public Security Provisions on the standards for filing and prosecution of criminal cases under the jurisdiction of public security organs (2) Article 1 [Case of Assisting Terrorist Activities ( Criminal Law Article 100) Article 1 of Article 20, paragraph 1)] Those who fund terrorist organizations, individuals who carry out terrorist activities, or those who fund training for terrorist activities should be prosecuted. Article 2 [Case of Smuggling Counterfeit Currency (Criminal Law Article 151, Paragraph 1)] Anyone who smuggles counterfeit currency and is suspected of one of the following circumstances shall be prosecuted: (1) The total face value is less than 2,000 yuan or above or the currency quantity is more than 200 pieces (pieces); (2) The total denomination is more than 1,000 yuan or the currency amount is more than 100 pieces (pieces), and the person has received administrative punishment for smuggling counterfeit currency within two years, and also smuggles counterfeit currency. ; (3) Other situations in which smuggling of counterfeit currency should be investigated for criminal liability. Article 3 [Case of False Declaration of Registered Capital (Criminal Law Article 158)] Application for company registration using false certification documents or other fraudulent means to falsely declare registered capital, deceive the company registration authority, and obtain company registration, suspected of the following circumstances If any of the above, a case should be filed for prosecution: (1) The minimum statutory registered capital is less than 6 million yuan, and the falsely reported amount accounts for more than 60% of the amount of capital contribution payable; (2) The minimum statutory registered capital More than 6 million yuan, and the falsely reported amount accounts for more than 30% of the amount of capital contribution payable; (3) The cumulative amount of direct economic losses caused to investors or other creditors exceeds 500,000 yuan; (4) Although Does not meet the above amount standards, but has one of the following circumstances: 1. Received more than two administrative penalties for falsely reporting registered capital within two years, and then falsely reported registered capital; 2. Bribery to the company's registration manager; 3. Registered for the purpose of carrying out illegal activities. (5) Other situations with serious consequences or other serious circumstances. This article only applies to companies that implement the paid-in registered capital registration system in accordance with the law. Article 4 [Case of False Capital Contribution and Escaped Capital Contribution (Criminal Law Article 159)] Company promoters and shareholders violate the provisions of the Company Law by failing to deliver currency, physical objects or transfer property rights, make false capital contributions, or If a company withdraws its capital after its establishment and is suspected of one of the following circumstances, a case shall be filed for prosecution: (1) The minimum legal registered capital is less than 6 million yuan, and the amount of false capital contribution or withdrawal of capital contribution accounts for the amount of its payable capital contribution More than 60%; (2) The minimum statutory registered capital exceeds six million yuan, and the amount of false capital contribution or evaded capital contribution accounts for more than 30% of the amount of capital due; (3) The company, The cumulative direct economic losses of shareholders and creditors exceed 500,000 yuan; (4) Although the above amount standards are not reached, one of the following circumstances exists: 1. Causing the company to become insolvent or unable to operate normally; 2. The company's promoters and shareholders conspire to make false capital contributions and evade capital contributions; 3. Those who have received more than two administrative penalties within two years due to false investment or withdrawal of capital, and also made false investment and withdrawn capital; 4. Using false capital contributions or withdrawing funds obtained from capital contributions to carry out illegal activities. (5) Other situations with serious consequences or other serious circumstances. This article only applies to companies that implement the paid-in registered capital registration system in accordance with the law. Article 5 [Case of Fraudulent Securities Issuance (Criminal Law Article 160)] Concealing important facts or fabricating major false content in prospectuses, subscription letters, company or enterprise bond raising methods and other issuance documents, issuing stocks or Companies, corporate bonds, depository receipts or other securities recognized by the State Council in accordance with the law, if suspected of any of the following circumstances, shall be prosecuted: (1) The amount of illegally raised funds exceeds 10 million yuan; (2) The inflated increase or decrease in assets reaches more than 30% of the total assets for the current period; (3) The inflated increase or decrease in operating income reaches more than 30% of the total operating income for the current period; (4) The inflated increase or decrease The profit reduction reaches more than 30% of the total profit for the current period; (5) The amount involved in concealing or fabricating major litigation, arbitration, guarantees, related transactions or other major matters or the cumulative amount for twelve consecutive months reaches the latest More than 50% of the net assets disclosed in the first phase; (6) Causing investors to accumulate direct economic losses of more than one million yuan; (7) Forging or altering official documents of state agencies for the purpose of fraudulently issuing securities , valid certification documents or relevant vouchers and documents; (8) Bribery to units or personnel responsible for financial supervision and management for the purpose of fraudulent issuance of securities; (9) The funds raised are all or mainly used for illegal and criminal activities; (10) Other situations with serious consequences or other serious circumstances. Article 6 [Case of illegal disclosure or non-disclosure of important information (Criminal Law Article 161)] Companies and enterprises that have information disclosure obligations in accordance with the law provide financial accounting that is false or conceals important facts to shareholders and the public. report, or fails to disclose other important information that should be disclosed in accordance with the law, and is suspected of one of the following circumstances, a case shall be filed for prosecution: (1) The total amount of direct economic losses caused to shareholders, creditors or others exceeds one million yuan (2) The inflated increase or decrease in assets reaches more than 30% of the total assets disclosed in the current period; (3) The inflated increase or decrease in operating income reaches more than 30% of the total operating income disclosed in the current period. (4) The false increase or decrease in profits reaches more than 30% of the total profits disclosed for the current period; (5) Involvement in major litigation, arbitration, guarantees, related transactions or other major matters that are not disclosed in accordance with regulations The amount or the accumulated amount for twelve consecutive months reaches more than 50% of the net assets disclosed in the latest period; (6) causing companies and enterprises that do not meet the issuance conditions to fraudulently obtain issuance approval or registration and be listed for trading; (7) Cause the stocks issued by the company or enterprise or the company, enterprise bonds, depositary receipts or other securities recognized by the State Council in accordance with the law to be terminated from listing and trading; (8) Disclose losses as profits in the company's financial accounting report, or Disclosing profits as losses; (9) Providing financial accounting reports that are false or concealing important facts multiple times, or repeatedly failing to disclose other important information that should be disclosed in accordance with the law; (10) Other serious harm to shareholders , the interests of creditors or other persons, or other serious circumstances. Article 7 [Case of Obstruction of Liquidation (Article 162 of the Criminal Law)] When a company or enterprise is liquidating, concealing property, making false records on the balance sheet or property list, or distributing the company or enterprise before paying off debts If the property is suspected of one of the following circumstances, a case shall be filed for prosecution: (1) Concealing the value of the property over 500,000 yuan; (2) Making false records on the balance sheet or property list involving an amount of more than 500,000 yuan Above; (3) Distributing company or enterprise property with a value of more than 500,000 yuan before repaying debts; (4) Causing creditors or other persons with direct economic losses exceeding 100,000 yuan in total; (5 ) Although the above amount standards are not reached, the wages, social insurance fees and statutory compensation of the employees that should be paid cannot be paid in a timely manner, causing adverse social impact; (6) Other situations that seriously damage the interests of creditors or other people. Article 8 [Case of Concealing or Deliberately Destroying Accounting Vouchers, Accounting Books, and Financial Accounting Reports (Criminal Law Article 162-1)] Concealing or Deliberately Destroying Accounting Vouchers, Accounting Books, and Financial Accounting Reports that should be kept in accordance with the law. If the accounting report is suspected of any of the following circumstances, a case shall be filed for prosecution: (1) Concealing or deliberately destroying accounting vouchers, accounting books, and financial accounting reports involving an amount of more than 500,000 yuan; (2) Should be legally required Concealing, deliberately destroying or refusing to hand over accounting vouchers, accounting books, and financial accounting reports to supervisory agencies, judicial agencies, administrative agencies, relevant competent departments, etc.; (3) Other serious circumstances. Article 9 [False Bankruptcy Cases (Criminal Law Article 162-2)] Companies and enterprises implement false bankruptcy by concealing property, assuming fictitious debts, or transferring or disposing of property in other ways, and are suspected of the following circumstances 1. A case should be filed for prosecution: (1) Concealing property worth more than 500,000 yuan; (2) Bearing fictitious debts involving an amount of more than 500,000 yuan; (3) Transferring, The value of the property disposed of is more than 500,000 yuan; (4) The cumulative amount of direct economic losses caused to creditors or others is more than 100,000 yuan; (5) Although the above amount standard is not reached, the wages of employees who should be paid off , Social insurance fees and statutory compensation cannot be paid off in a timely manner, causing adverse social impact; (6) Other situations that seriously damage the interests of creditors or other people. Article 13 [Case of Breach of Trust Damaging the Interests of a Listed Company (Criminal Law Article 169-1)] Directors, supervisors, and senior managers of a listed company violate their duty of loyalty to the company and take advantage of their positions to manipulate the listed company. Anyone who engages in behavior that harms the interests of a listed company, and the controlling shareholder or actual controller of a listed company instructs directors, supervisors, or senior managers of a listed company to carry out behavior that harms the interests of a listed company, and is suspected of one of the following circumstances, shall file a case for prosecution: (1) Providing funds, goods, services or other assets to other units or individuals free of charge, causing direct economic losses of more than 1.5 million yuan to the listed company; (2) Providing or accepting under obviously unfair conditions Funds, goods, services or other assets causing direct economic losses of more than 1.5 million yuan to a listed company; (3) Providing funds, goods, services or other assets to units or individuals that are obviously insolvent, Causing the listed company direct economic losses of more than 1.5 million yuan; (4) Providing guarantees for units or individuals that are obviously insolvent, or providing guarantees for other units or individuals without justifiable reasons, causing the listed company to directly The amount of economic loss is more than 1.5 million yuan; (5) Giving up creditor's rights and assuming debts without justifiable reasons, causing the listed company's direct economic loss to be more than 1.5 million yuan; (6) Causing the company, The stocks issued by the enterprise or the company, corporate bonds, depositary receipts or other securities recognized by the State Council in accordance with the law are terminated from listing and trading; (7) Other circumstances that cause the listed company to suffer significant losses to its interests. Article 14 [Counterfeiting Currency Case (Article 170 of the Criminal Law)] Anyone who forges currency and is suspected of one of the following circumstances shall be prosecuted: (1) The total face value is more than 2,000 yuan or the currency amount is more than 2,000 yuan. More than two hundred pieces (coins); (2) The total denomination is more than 1,000 yuan or the amount of coins is more than 100 (pieces), and the person has received administrative punishment for counterfeiting currency within two years, and also counterfeited currency; (3) Making currency patterns or providing patterns for others to counterfeit currency; (4) Other circumstances in which counterfeit currency should be investigated for criminal liability. Article 15 [Case of Selling, Buying, and Transporting Counterfeit Currency (Case of Selling, Buying, and Transporting Counterfeit Currency (Criminal Law Article 171, Paragraph 1))] Selling or purchasing counterfeit currency or transporting it knowingly that it is counterfeit currency is suspected of one of the following circumstances: A case should be filed for prosecution: (1) The total face value is more than 4,000 yuan or the currency amount is more than 400 pieces (pieces); (2) The total face value is more than 2,000 yuan or the currency amount is 200 pieces (pieces). Those who have received administrative penalties for selling, purchasing, or transporting counterfeit currency within two years, and then sold, purchased, or transported counterfeit currency; (3) Other circumstances in which the sale, purchase, or transportation of counterfeit currency shall be investigated for criminal liability. If a person is caught selling counterfeit currency, in addition to the counterfeit currency seized on site that should be deemed as the amount of counterfeit currency sold, the counterfeit currency seized off-site at the perpetrator's residence or other hiding place should also be deemed as the amount of counterfeit currency sold. Article 16 [Case of Financial Staff Purchasing Counterfeit Currency and Exchanging Counterfeit Currency for Currency (Criminal Law Article 171, Paragraph 2)] Employees of banks or other financial institutions purchase counterfeit currency or take advantage of their positions , if counterfeit currency is exchanged for currency, and the total face value is more than 2,000 yuan or the currency quantity is more than 200 pieces (pieces), a case shall be filed for prosecution. Article 17 [Case of Possession and Use of Counterfeit Currency (Article 172 of the Criminal Law)] Anyone who knowingly holds or uses counterfeit currency and is suspected of one of the following circumstances shall be prosecuted: (1 ) The total face value is more than 4,000 yuan or the currency amount is more than 400 pieces (coins); (2) The total face value is more than 2,000 yuan or the currency amount is more than 200 pieces (coins), within two years due to holding, Those who have received administrative penalties for using counterfeit currency and then hold and use counterfeit currency; (3) Other situations where holding and using counterfeit currency should be investigated for criminal liability. Article 18 [Case of Altering Currency (Article 173 of the Criminal Law)] Anyone who alters currency and is suspected of one of the following circumstances shall be prosecuted: (1) The total denomination is less than two thousand yuan or above or the currency quantity is more than 200 pieces (pieces); (2) The total denomination is more than 1,000 yuan or the currency amount is more than 100 pieces (pieces), and the person has received an administrative penalty for altering currency within two years, and then altered it. Currency; (3) Other circumstances in which currency alteration should be investigated for criminal liability. Article 19 [Case of unauthorized establishment of financial institutions (Criminal Law, Article 174, Paragraph 1)] Anyone who establishes a financial institution without authorization from the relevant national competent authorities and is suspected of one of the following circumstances shall be prosecuted : (1) Establishing commercial banks, stock exchanges, futures exchanges, securities companies, futures companies, insurance companies or other financial institutions without authorization; (2) Establishing preparatory organizations for financial institutions without authorization. Article 20 [Case of forging, altering, and transferring financial institution business licenses and approval documents (Criminal Law Article 174, Paragraph 2)] Forging, altering, and transferring commercial banks, stock exchanges, and futures If the business license or approval document of an exchange, securities company, futures company, insurance company or other financial institution is obtained, a case shall be filed for prosecution. Article 21 [Usury loan case (Criminal Law Article 175)] For the purpose of making profits through loan , defrauding financial institutions’ credit funds and loaning them to others at high interest rates, and the amount of illegal income is less than 500,000 If the amount exceeds RMB 10,000, a case should be filed for prosecution. Article 22 [Defrauding loans, bill acceptance , financial bill cases (Criminal Law Article 175-1)] Obtaining loans, bill acceptance, letters of credit from banks or other financial institutions by deceptive means , letter of guarantee , etc., which cause direct economic losses of more than 500,000 yuan to banks or other financial institutions, a case should be filed for prosecution. Article 23 [Illegal Absorption of Public Deposits Case (Criminal Law Article 176)] Anyone who illegally absorbs public deposits or absorbs public deposits in disguised form, disrupts financial order, and is suspected of one of the following circumstances shall be filed. Prosecution: (1) Illegal absorption or disguised absorption of public deposits amounting to more than one million yuan; (2) Illegal absorption or disguised absorption of public deposits from more than 150 people; (3) Illegal absorption or disguised absorption Absorbing deposits from the public and causing direct economic losses to fund-raising participants exceeding RMB 500,000; illegally absorbing or absorbing deposits from the public in a disguised form exceeding RMB 500,000 or causing direct economic losses to fund-raising participants exceeding RMB 25 If the amount exceeds 10,000 yuan and is suspected of one of the following circumstances, a case shall be filed for prosecution: (1) Those who have been criminally investigated for illegal fund-raising; (2) Those who have been subject to administrative penalties for illegal fund-raising within two years; (3) Those who have caused a bad society impact or other serious consequences. Article 24 [Case of forging and altering financial instruments (Criminal Law Article 177)] Anyone who forges or alters financial instruments and is suspected of one of the following circumstances shall be prosecuted: (1) Forgery , alter bills of exchange , cashier's checks, checks, or forge or alter entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers , or forge or alter letters of credit or accompanying documents and documents , the total denomination is more than 10,000 yuan or the number is more than ten; (2) Forging more than one credit card, or forging more than ten blank credit cards. Article 25 [Case of Obstructing Credit Card Management (Criminal Law Article 177-1, Paragraph 1)] Anyone who obstructs credit card management and is suspected of one of the following circumstances shall be prosecuted: (1) Knowingly doing so Holding and transporting counterfeit credit cards; (2) Holding and transporting blank credit cards knowing that they are counterfeit, with the total number exceeding ten; (3) Illegal holding of other people's credit cards, with the total number exceeding five (4) Using false identity documents to fraudulently obtain credit cards; (5) Selling, purchasing, or providing others with forged credit cards or credit cards fraudulently obtained using false identity documents. Against the wishes of others, use their resident ID card, military officer ID card, soldier ID card, Mainland Travel Permit for Hong Kong and Macao residents, Mainland Travel Permit for Taiwan residents, passport and other identity documents to apply for a credit card, or use a forged or altered identity If proof is used to apply for a credit card, it should be deemed as "using false identity certificates to fraudulently obtain a credit card." Article 26 [ Case of Stealing, Bribing, and Illegally Providing Credit Card Information (Criminal Law Article 177-1, Paragraph 2)] Stealing, bribing, or illegally providing other people’s credit card information, which is sufficient for forgery. The credit card used for the transaction, or enough to enable others to conduct transactions in the name of the credit card holder, and if more than one credit card is involved, a case should be filed for prosecution. Article 27 [Case of forging and altering state securities (Criminal Law, Article 178, Paragraph 1)] Forging or altering treasury bills or other securities issued by the state, with a total face value of If the amount exceeds 2,000 yuan, a case should be filed for prosecution. Article 28 [Case of counterfeiting or altering stocks, company or enterprise bonds (Criminal Law Article 178, Paragraph 2)] Counterfeiting or altering stocks or company or enterprise bonds with a total face value of 30,000 yuan For the above, a case should be filed for prosecution. Article 29 [Case of unauthorized issuance of stocks, company or enterprise bonds (Criminal Law Article 179)] Any unauthorized issuance of stocks or company or enterprise bonds without approval or registration by the relevant national competent authorities is suspected of the following circumstances If one of the above is involved, a case should be filed for prosecution: (1) The amount of illegally raised funds is more than one million yuan; (2) The cumulative amount of direct economic losses to investors is more than 500,000 yuan; (3) Fund raising The funds are all or mainly used for illegal and criminal activities; (4) Other situations with serious consequences or other serious circumstances. The "unauthorized issuance of stocks or company or enterprise bonds" stipulated in this article refers to the issuance or disguised issuance of stocks or company or enterprise bonds to unspecified objects in the society by transferring equity, or the issuance or disguised issuance of stocks or companies or enterprises to specific objects. The total number of bonds exceeded 200 people. Article 30 [Insider trading and leakage of inside information cases (Criminal Law, Article 180, Paragraph 1)] Persons or entities with knowledge of inside information on securities or futures trading, or persons who illegally obtain inside information on securities or futures trading, An entity, before the issuance of securities, trading of securities or futures or other information that has a significant impact on the trading prices of securities or futures is made public, buys or sells the securities, or engages in futures transactions related to the inside information, or leaks it If the information, or expressly or implying that others are engaged in the above-mentioned trading activities, is suspected of one of the following circumstances, a case shall be filed for prosecution: (1) Profit or avoidance of loss exceeding 500,000 yuan; (2) Securities transaction transaction The amount is more than 2 million yuan; (3) The amount of margin occupied by futures trading is more than 1 million yuan; (4) Conducting insider trading and leaking inside information more than three times within two years; (5) Expressly stating, Implying that three or more people are engaged in securities and futures trading activities related to inside information; (6) There are other serious circumstances. If the amount of profits or losses avoided from insider trading is more than 250,000 yuan, or the transaction volume of securities transactions is more than 1 million yuan, or the amount of margin occupied by futures trading is more than 500,000 yuan, and at the same time, he is suspected of one of the following circumstances, A case should be filed for prosecution: (1) Insiders of securities trading insider information stipulated in the Securities Law carry out or jointly carry out insider trading with others; (2) expressly or implicitly sell inside information by selling or selling in disguised form, etc. Others engage in trading activities related to the inside information; (3) Received criminal prosecution for securities or futures crimes; (4) Received administrative penalties for securities or futures crimes within two years; (5) Caused other serious consequences. Article 31 [Case of trading using undisclosed information (Criminal Law, Article 180, Paragraph 4)] Stock exchanges, futures exchanges, securities companies, futures companies, fund management companies, commercial banks, insurance companies Employees of other financial institutions, as well as staff of relevant regulatory authorities or industry associations, use undisclosed information other than inside information obtained for the convenience of their duties, violate regulations, engage in securities and futures trading activities related to the information, or expressly disclose , implying others to engage in relevant trading activities, and are suspected of one of the following circumstances, a case should be filed for prosecution: (1) Making a profit or avoiding a loss of more than one million yuan; (2) Using undisclosed information more than three times within two years Trading; (3) Expressing or implying that more than three people are engaged in relevant trading activities; (4) There are other serious circumstances. uses undisclosed information to trade, and the amount of profits or losses avoided is more than 500,000 yuan, or the transaction volume of securities transactions is more than 5 million yuan, or the amount of margin occupied by futures trading is more than 1 million yuan, and at the same time, he is suspected of any of the following circumstances 1. A case should be filed for prosecution: (1) Expressly or implying that others are engaged in relevant trading activities by selling or selling undisclosed information in disguised form; (2) Anyone who has been criminally investigated for securities or futures crimes; ( 3) Received administrative punishment for illegal securities or futures activities within two years; (4) Caused other serious consequences. Article 32 [Case of Fabricating and Spreading False Information on Securities and Futures Trading (Criminal Law Article 181, Paragraph 1)] Fabricating and spreading false information that affects securities and futures trading, disrupting the securities and futures trading market , if suspected of any of the following circumstances, a case shall be filed for prosecution: (1) Making a profit or avoiding a loss of more than 50,000 yuan; (2) Causing direct economic losses to investors of more than 500,000 yuan; (3) Although the amount does not meet the above standards, it has repeatedly fabricated and spread false information that affects securities and futures trading; (4) Causes abnormal fluctuations in transaction prices or trading volumes; (5) Causes other serious consequences. Article 33 [Case of deceiving investors into buying and selling securities and futures contracts (Criminal Law Article 181, Paragraph 2)] Employees of stock exchanges, futures exchanges, securities companies, and futures companies, securities industry If a staff member of an association, futures industry association or securities and futures regulatory department intentionally provides false information or forges, alters or destroys transaction records to trick investors into buying and selling securities or futures contracts, and is suspected of any of the following circumstances, a case shall be filed for prosecution: (1) The amount of profits or losses avoided is more than 50,000 yuan; (2) The amount of direct economic losses caused to investors is more than 500,000 yuan; (3) Although the above amount standards are not reached, the amount has been repeatedly Luring investors into buying and selling securities and futures contracts; (4) causing abnormal fluctuations in transaction prices or trading volumes; (5) causing other serious consequences. Article 34 [Case of Manipulating Securities and Futures Markets (Criminal Law Article 182)] Manipulating the securities and futures markets, affecting the trading prices of securities and futures or the trading volume of securities and futures, and being suspected of one of the following circumstances , a case should be filed for prosecution: (1) The number of circulating shares held or actually controlled by a security reaches more than 10% of the total actual circulating shares of the security, the first item of paragraph 1 of Article 182 of the Criminal Law shall be implemented. Manipulation of the securities market, where the cumulative trading volume for ten consecutive trading days reaches more than 20% of the total trading volume of the security in the same period; (2) Implementation of the second, second, and second items of paragraph 1 of Article 182 of the Criminal Law Three acts of manipulating the securities market, with the cumulative trading volume for ten consecutive trading days reaching more than 20% of the total trading volume of the security in the same period; (3) Using false or uncertain major information to induce investors to engage in securities transactions , the perpetrator conducts relevant securities transactions with a turnover of more than 10 million yuan; (4) Make public evaluations, predictions or investment suggestions for securities, securities issuers, and at the same time conduct reverse securities transactions, and the transaction volume of securities transactions More than 10 million yuan; (5) Misleading investors to make investment decisions by planning and implementing asset acquisition or restructuring, investing in new businesses, equity transfers, listed company acquisitions and other false major events, and conducting related transactions or Seeking related interests, with a securities transaction turnover of more than 10 million yuan; (6) Misleading investors to make investment decisions by controlling the generation of information about issuers and listed companies or controlling the content, time and rhythm of information disclosure, and Conducting relevant transactions or seeking relevant benefits, with a securities transaction turnover of more than 10 million yuan; (7) Implementing the behavior of manipulating the futures market in Article 182, Paragraph 1, Paragraph 1 of the Criminal Law, and merging the accounts under actual control The highest value of the position for ten consecutive trading days exceeds twice the position limit standard of the futures exchange, the cumulative trading volume reaches more than 20% of the total trading volume of the futures contract during the same period, and the amount of margin occupied by futures trading is more than 5 million yuan The above; (8) By hoarding spot goods, affecting the market conditions of specific futures varieties, and conducting related futures transactions, the highest value of the combined positions of the accounts under actual control for ten consecutive trading days exceeds twice the position limit standard of the futures exchange, and the cumulative The trading volume reaches more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan; (9) Implement the second item of paragraph 1 of Article 182 of the Criminal Law , the third act of manipulating the futures market, the cumulative trading volume of the account actually controlled for ten consecutive trading days reaches more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan ; (10) Using false or uncertain material information to induce investors to engage in futures transactions, the perpetrator conducts related futures transactions, and the cumulative trading volume of the account actually controlled for ten consecutive trading days reaches 100% of the total trading volume of the futures contract during the same period. More than 20%, and the amount of margin occupied by futures trading is more than 5 million yuan; (11) Make public evaluations, predictions or investment suggestions on futures trading targets, and at the same time conduct related futures transactions, and the account actually controlled continues for ten consecutive The cumulative trading volume on a trading day reaches more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan; (12) Not for the purpose of trading, frequent or A large number of declarations to buy or sell securities or futures contracts are made and the declarations are withdrawn. The cumulative withdrawal of declarations on that day reaches more than 50% of the total declarations of the securities and futures contracts in the same period, and the amount of withdrawal of securities declarations is more than 10 million yuan. The declared futures contract occupies a margin amount of more than 5 million yuan; (13) Manipulating the securities and futures markets to make profits or avoid losses of more than 1 million yuan. Anyone who manipulates the securities and futures markets, affects the trading prices of securities and futures or the trading volume of securities and futures, makes a profit or avoids a loss of more than 500,000 yuan, and is suspected of one of the following circumstances, shall file a case for prosecution: (1) Issuers, listed companies and their directors, supervisors, senior managers, controlling shareholders or actual controllers engage in manipulation of securities and futures markets; (2) Acquirers, counterparties to major asset reorganizations and their directors, supervisors and senior Managers, controlling shareholders or actual controllers engage in manipulation of securities or futures markets; (3) The perpetrators know that the manipulation of securities or futures markets is being investigated by relevant departments but continue to do so; (4) Manipulation of securities or futures markets Those who have been criminally investigated for market behavior; (5) received administrative penalties for manipulating the securities or futures markets within two years; (6) manipulated the securities or futures markets during specific periods such as major abnormal market fluctuations; (7) caused other serious consequences. For acts of manipulating the securities market in the National Equities Exchange and Quotations that are highly harmful to society and seriously undermine a fair and just market order, the provisions of this article shall apply mutatis mutandis, except for the first and second items of paragraph 1 of this article. Article 35 [Case of using entrusted property in breach of trust (Criminal Law Article 185-1, paragraph 1)] Commercial banks, stock exchanges, futures exchanges, securities companies, futures companies, insurance companies or others If a financial institution violates its fiduciary obligations and uses client funds or other entrusted or trusted property without authorization, and is suspected of any of the following circumstances, a case shall be filed for prosecution: (1) The amount of client funds or other entrusted or trusted property without authorization shall exceed 30 More than 10,000 yuan; (2) Although the amount does not reach the above-mentioned standard, it has repeatedly used client funds or other entrusted or trusted properties without authorization, or used multiple client funds or other entrusted or trusted properties without authorization; (3 ) Other serious circumstances. Article 36 [Illegal use of funds case (Criminal Law Article 185-1, paragraph 2)] Social security fund management agencies, housing provident fund management agencies and other public fund management agencies, as well as insurance companies and insured assets Management companies and securities investment fund management companies that use funds in violation of national regulations and are suspected of one of the following circumstances shall be prosecuted: (1) If the amount of funds used exceeds 300,000 yuan in violation of national regulations; (2) Although Those who do not meet the above amount standards, but use funds in violation of national regulations many times; (3) Other serious circumstances. Article 37 [Illegal Loan Granting Case (Criminal Law Article 186)] If a bank or other financial institution and its staff issue loans in violation of state regulations and are suspected of one of the following circumstances, a case shall be filed Prosecution: (1) illegally granting loans, the amount of which is more than 2 million yuan; (2) illegally granting loans, causing direct economic losses of more than 500,000 yuan. Article 38 [Case of Absorbing Client Funds without Accounting (Criminal Law Article 187)] If a bank or other financial institution and its staff absorb client funds without accounting, and are suspected of one of the following circumstances, a case shall be filed Pursuance: (1) Absorbing customer funds without recording the amount into the account, and the amount is more than 2 million yuan; (2) Absorbing the customer funds without recording the account, resulting in direct economic losses of more than 500,000 yuan. Article 39 [Case of illegal issuance of financial instruments (Article 188 of the Criminal Law)] Banks or other financial institutions and their staff violate regulations by issuing letters of credit or other letters of guarantee, bills, deposit certificates, or credits for others. Proof that anyone suspected of one of the following circumstances shall be prosecuted: (1) Violation of regulations in issuing a letter of credit or other letter of guarantee, bill, deposit certificate, or credit certificate for others, with an amount exceeding two million yuan; (2) Violation of Providing for the issuance of letters of credit or other letters of guarantee, bills, certificates of deposit, and certificates of credit for others, resulting in direct economic losses exceeding 500,000 yuan; (3) Repeatedly issuing letters of credit or other letters of guarantee, bills, certificates of deposit, or certificates of credit in violation of regulations (4) Accept bribes and illegally issue letters of credit or other letters of guarantee, bills, deposit certificates, and credit certificates; (5) Other serious circumstances. Article 40 [Case of Acceptance, Payment and Guarantee of Illegal Bills (Criminal Law Article 189)] Banks or other financial institutions and their staff shall, in the course of bill business, accept bills that violate the provisions of the Bills Law , payment or guarantee, causing direct economic losses of more than 500,000 yuan, a case shall be filed for prosecution. Article 41 [Foreign exchange evasion case (Article 190 of the Criminal Law)] Companies, enterprises or other units, in violation of national regulations, deposit foreign exchange abroad without authorization, or illegally transfer domestic foreign exchange abroad, a single transaction If the amount exceeds US$2 million or the cumulative amount exceeds US$5 million, a case shall be filed for prosecution. Article 42 [Case of fraudulent purchase of foreign exchange (Article 1 of the Decision of the Standing Committee of the National People’s Congress on Punishing the Crimes of Fraudulent Purchase of Foreign Exchange, Foreign Exchange Evasion and Illegal Purchase and Sale of Foreign Exchange)] Fraudulent purchase of foreign exchange, amounting to US$500,000 For the above, a case should be filed for prosecution. Article 43 [Money laundering case (Article 191 of the Criminal Law)] For concealing and concealing drug crimes, organized crimes of a mafia nature, terrorist activities, smuggling crimes, corruption and bribery crimes, and crimes that disrupt financial management order. , the source and nature of the proceeds from financial fraud crimes and the income generated, if suspected of one of the following circumstances, a case should be filed for prosecution: (1) providing a capital account; (2) converting property into cash, financial bills, Securities; (3) Transferring funds through transfer or other payment and settlement methods; (4) Cross-border transfer of assets; (5) Using other methods to disguise or conceal criminal proceeds and the source and nature of the proceeds . Article 44 [ Fund-raising Fraud Case (Criminal Law Article 192)] If the person uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount exceeds 100,000 yuan, a case shall be filed for prosecution. Article 45 [ Loan Fraud Case (Criminal Law Article 193)] Anyone who defrauds a bank or other financial institution of a loan for the purpose of illegal possession, and the amount exceeds 50,000 yuan, shall be punished. File a case for prosecution. Article 46 [Bill Fraud Case (Criminal Law Article 194, Paragraph 1)] Anyone who conducts financial bill fraud activities with an amount of more than 50,000 yuan shall be filed for prosecution. Article 47 [Financial Voucher Fraud Case (Criminal Law Article 194, Paragraph 2)] Using forged or altered entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers to conduct fraudulent activities , if the amount exceeds 50,000 yuan, a case shall be filed for prosecution. Article 48 [ Letter of Credit Fraud Case (Criminal Law Article 195)] Anyone who conducts letter of credit fraud activities and is suspected of one of the following circumstances shall be prosecuted: (1) Using forged, Forging letters of credit or accompanying documents and documents; (2) Using invalidated letters of credit; (3) Fraudulently obtaining letters of credit; (4) Using other methods to conduct letter of credit fraud. Article 49 [ Credit Card Fraud Case (Criminal Law Article 196)] Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted: (1) Using forged credit cards, Using a false identity card to fraudulently obtain a credit card, a voided credit card, or using someone else's credit card to commit fraud, with the amount exceeding 5,000 yuan; (2) Malicious overdraft, with the amount exceeding 50,000 yuan. The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after two effective collections. The amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, compound interest, late payment fees, handling fees and other fees charged by the card-issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal. If the overdraft is malicious and the amount is more than 50,000 yuan but less than 500,000 yuan, if it is returned in full before filing a public prosecution or there are other minor circumstances, prosecution may not be required. However, this does not apply to those who have been punished twice or more for credit card fraud. Article 50 [Securities Fraud Cases (Criminal Law Article 197)] Using forged or altered treasury bills or other securities issued by the state to conduct fraudulent activities, the amount of which exceeds 50,000 yuan, A case should be filed for prosecution. Article 51 [ Insurance Fraud Case (Criminal Law Article 198)] If the amount of insurance fraud is more than 50,000 yuan, a case shall be filed for prosecution. Article 52 [Tax Evasion Case (Criminal Law 201)] Anyone who evades the payment of taxes and is suspected of one of the following circumstances shall be prosecuted: (1) Taxpayers use deception or concealment to make false claims Declare or fail to declare taxes, evade the payment of taxes, the amount is more than 100,000 yuan and account for more than 10% of the total tax payable for each type of tax, and after the tax authorities issue a recovery notice in accordance with the law, fail to pay the tax due, fail to pay late payment fees, or Do not accept administrative penalties; (2) The taxpayer has been criminally punished for evading the payment of taxes within five years or has been given two or more administrative penalties by the tax authorities, and evades the payment of taxes, and the amount is more than 100,000 yuan and accounts for each tax category. The total amount of tax paid exceeds 10%; (3) The withholding agent uses deception or concealment methods to fail to pay or underpay the tax that has been withheld or collected, and the amount is more than 100,000 yuan. If a taxpayer then pays back taxes due, pays late fees or accepts administrative penalties after filing a case with the public security organ, it will not affect the pursuit of criminal liability. Article 53 [Tax Resistance Case (Criminal Law Article 202)] Anyone who refuses to pay taxes through violence or threats and is suspected of one of the following circumstances shall be prosecuted: (1) Causing tax trouble Personnel with minor injuries or more; (2) Threatening the life, health, property, etc. of tax personnel and their relatives and friends, and refusing to pay taxes; (3) Gathering a crowd to resist paying taxes; (4) ) Refusing to pay taxes by other means of violence or threats. Article 54 [Case of evading the recovery of tax arrears (Article 203 of the Criminal Law)] A taxpayer defaults on payment of tax due and resorts to means of transferring or concealing property, resulting in the tax authorities being unable to recover the arrears of tax. If the amount exceeds 10,000 yuan, a case shall be filed for prosecution. Article 55 [Case of defrauding export tax refunds (Article 204 of the Criminal Law)] Anyone who defrauds the state of export tax refunds by false export declarations or other deceptive means, and the amount is more than 100,000 yuan, shall be filed for prosecution. Article 56 [Case of falsely issuing special value-added tax invoices, used to defraud export tax rebates or tax deductions (Criminal Law Article 205)] Falsely issuing special value-added tax invoices, or falsely issuing special invoices to defraud exports For other invoices for tax refunds and tax deductions, if the amount of falsely issued taxes is more than 100,000 yuan or the amount of tax losses caused to the state is more than 50,000 yuan, a case shall be filed for prosecution. Article 57 [Case of False Issuance of Invoices (Criminal Law Article 205-1)] Anyone who falsely issues invoices other than those specified in Article 205 of the Criminal Law and is suspected of one of the following circumstances shall be prosecuted : (1) The cumulative amount of false invoices is more than 500,000 yuan; (2) More than 100 false invoices are issued with a face value of more than 300,000 yuan; (3) False issuance of invoices within five years Those who have received criminal punishment or two or more administrative penalties and falsely issued invoices with an amount reaching more than 60% of the first and second standards. Article 58 [Case of forging and selling forged special value-added tax invoices (Criminal Law Article 206)] Anyone who forges or sells forged special value-added tax invoices and is suspected of one of the following circumstances shall be prosecuted: (1) The cumulative face tax amount is more than 100,000 yuan; (2) Forging or selling more than ten forged special value-added tax invoices with a face tax amount of more than 60,000 yuan; (3) The amount of illegal profit is more than 100,000 yuan; More than 10,000 yuan. Article 59 [Case of illegal sale of special value-added tax invoices (Criminal Law Article 207)] Anyone who illegally sells special value-added tax invoices and is suspected of one of the following circumstances shall be prosecuted: (1) Par tax amount The total amount exceeds 100,000 yuan; (2) The illegal sale of more than ten special value-added tax invoices with a face tax amount of more than 60,000 yuan; (3) The illegal profit amount exceeds 10,000 yuan. Article 60 [Case of illegal purchase of special value-added tax invoices or purchase of forged special value-added tax invoices (Criminal Law Article 208, paragraph 1)] Illegal purchase of special special value-added tax invoices or purchase of forged special special value-added tax invoices, Anyone suspected of one of the following circumstances shall be prosecuted: (1) Illegal purchase of special value-added tax invoices or purchase of more than twenty forged special value-added tax invoices with a face tax amount of more than 100,000 yuan; (2) Face tax amount The total amount exceeds 200,000 yuan. Article 61 [Case of illegally manufacturing and selling illegally manufactured invoices used to defraud export tax rebates and tax deductions (Criminal Law Article 209, Paragraph 1)] Forgery, unauthorized manufacture or sale of forged or unauthorized manufacture If any other invoice used to defraud export tax refunds or tax deductions is suspected of one of the following circumstances, a case should be filed for prosecution: (1) The face value of the invoice can be used for tax refunds and tax deductions, and the accumulated tax amount is more than 100,000 yuan; (2) Forgery, unauthorized production or sale of more than ten forged or unauthorized invoices with a face value of more than 60,000 yuan for tax refund and tax deduction; (3) The amount of illegal profits exceeds 10,000 yuan. Article 62 [Case of illegally manufacturing and selling illegally manufactured invoices (Criminal Law Article 209, Paragraph 2)] Forgery, unauthorized manufacture or sale of forged or unauthorized manufacture does not constitute defrauding export tax rebates or tax deductions Other invoices with payment function, if suspected of any of the following circumstances, should be filed for prosecution: (1) Forgery, unauthorized manufacture or sale of 100 forged or unauthorized other invoices that do not have the function of fraudulently obtaining export tax refunds or tax deductions The above and the cumulative face value is more than 300,000 yuan; (2) The cumulative face value is more than 500,000 yuan; (3) The illegal profit amount is more than 10,000 yuan. Article 63 [Case of illegal sale of invoices used to defraud export tax refunds and tax deductions (Criminal Law Article 209, Paragraph 3)] Illegal sale of other invoices that can be used to defraud export tax refunds and tax deductions If an invoice is suspected of one of the following circumstances, a case should be filed for prosecution: (1) The face value of the invoice can be used for tax refunds and tax deductions, and the accumulated tax amount is more than 100,000 yuan; (2) Illegally sold to defraud export tax refunds and tax deductions There are more than ten other invoices and the face value can be refunded or deducted for tax exceeding 60,000 yuan; (3) The illegal profit amount is more than 10,000 yuan. Article 64 [Case of illegal sale of invoices (Criminal Law Article 209, Paragraph 4)] Illegal sale of special value-added tax invoices, other invoices used to defraud export tax refunds and tax deductions, suspected Under any of the following circumstances, a case shall be filed for prosecution: (1) Illegal sale of more than 100 invoices other than special value-added tax invoices, other invoices used to defraud export refunds, or tax deductions, with a cumulative face value of more than 30 More than 10,000 yuan; (2) The cumulative face value is more than 500,000 yuan; (3) The amount of illegal profits exceeds 10,000 yuan. Article 65 [Case of Possession of Forged Invoices (Criminal Law Article 210-1)] Anyone who knowingly holds a forged invoice and is suspected of one of the following circumstances shall be prosecuted: (1 ) Possessing more than 50 forged special value-added tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions, and the cumulative face tax amount exceeds 250,000 yuan; (2) Possessing forged value-added tax invoices Special tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions with a cumulative face tax of more than 500,000 yuan; (3) Possessing more than 100 forged invoices other than those specified in Paragraph 1 and The face value is more than 500,000 yuan; (4) Holding forged invoices other than those specified in the first paragraph with a cumulative face value of more than 1 million yuan. Article 66 [Case of damaging business reputation and product reputation (Criminal Law 221)] Fabricating and spreading false facts to harm others’ business reputation and product reputation, and being suspected of any of the following circumstances shall be punished File a case for prosecution: (1) Cause direct economic losses to others exceeding 500,000 yuan; (2) Although the amount does not reach the above standards, it causes companies, enterprises and other units to suspend operations or production for more than six months, or to go bankrupt. (3) Other situations that cause heavy losses to others or have other serious circumstances. Article 67 [False Advertising Case (Criminal Law Article 222)] Advertisers, advertising operators, and advertising publishers violate national regulations and use advertisements to falsely promote goods or services, and are suspected of the following circumstances 1. A case should be filed for prosecution: (1) The amount of illegal income is more than 100,000 yuan; (2) In the name of preventing and controlling emergencies and preventing and controlling infectious diseases, using advertisements for false propaganda, causing many people to be fooled. Being deceived, the amount of illegal income is more than 30,000 yuan; (3) Using advertisements to falsely promote food and medicine, and the amount of illegal income is more than 30,000 yuan; (4) Although the above amount standard is not reached, within two years Having received two or more administrative penalties for using advertisements for false propaganda, and then using advertisements for false propaganda; (5) causing serious harmful consequences or adverse social impact; (6) other serious circumstances. Article 68 [Bid Collusion Case (Criminal Law Article 223)] Bidders collude with each other in bidding quotations, or bidders collude with the tenderee in bidding, and if any of the following circumstances are suspected, a case shall be filed for prosecution: (1) Damaging the legitimate interests of the tenderee, the bidder or the country, collectives, and citizens, causing direct economic losses of more than 500,000 yuan; (2) The amount of illegal gains is more than 200,000 yuan; ( 3) The amount of the winning bid for the project is more than 4 million yuan; (4) Using illegal means such as threats, deception or bribery; (5) Although the amount does not meet the above-mentioned amount standards, the applicant has received more than two administrative penalties for colluding bids within two years. Punishment, and collusion in bidding; (6) Other serious circumstances. Article 69 [ Contract Fraud Case (Criminal Law Article 224)] For the purpose of illegal possession, during the process of signing and performing a contract, defrauding the other party of property, the amount is more than 20,000 yuan , a case should be filed for prosecution. Article 70 [Case of Organizing and Leading MLM Activities (Criminal Law Article 224-1)] Organization and leadership require participants to pay fees or purchase goods in the name of promoting goods, providing services and other business activities MLM activities that obtain membership qualifications through services, services, etc., and form hierarchies in a certain order, directly or indirectly use the number of developers as the basis for remuneration or rebates, induce and coerce participants to continue to develop others to participate, defraud property, and disrupt the economic and social order. If there are more than 30 people suspected of organizing or leading MLM activities and the level is above level three, the organizers and leaders should be prosecuted. The following persons can be recognized as the organizers and leaders of MLM activities: (1) Persons who initiate, plan and control MLM activities; (2) Persons who assume management, coordination and other responsibilities in MLM activities; (3) Persons responsible for publicity, training and other responsibilities in MLM activities; (4) Persons who have been criminally investigated for organizing and leading MLM activities, or have been subject to administrative penalties for organizing and leading MLM activities within one year, and have directly or indirectly participated in them Those who have more than fifteen people involved in MLM activities and whose levels are above level three; (5) Other personnel who play a key role in the implementation of MLM activities, the establishment and expansion of MLM organizations, etc. Article 71 [ Illegal Business Case (Criminal Law Article 225)] Anyone who violates national regulations, conducts illegal business activities, disrupts market order, and is suspected of one of the following circumstances shall be prosecuted: (1) Violating national tobacco monopoly management laws and regulations, without permission from the tobacco monopoly administrative department, without a tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, tobacco monopoly retail license, etc. Prove that illegal operation of tobacco monopoly products falls under one of the following circumstances: 1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan; 2. Illegal operation of more than 200,000 cigarettes; 3. Received more than two administrative penalties within three years for illegally operating tobacco monopoly products, and illegally operating tobacco monopoly products with an amount of more than 30,000 yuan. (2) Illegal operation of securities, futures, insurance business, or illegal fund payment and settlement business without approval of the relevant national competent authorities, or any of the following circumstances: 1. Illegal operation of securities, futures, and insurance businesses with an amount of more than one million yuan, or illegal income of more than 100,000 yuan; 2. Illegally engaged in fund payment and settlement business with an amount exceeding RMB 5 million, or illegal income exceeding RMB 100,000; 3. Illegal engagement in fund payment and settlement business, the amount is more than 2.5 million yuan but less than 5 million yuan, or the amount of illegal income is more than 50,000 yuan but less than 100,000 yuan, and one of the following circumstances applies: (1) due to illegal Those who have been criminally investigated for the criminal conduct of engaging in fund payment and settlement business; (2) have been subject to administrative penalties for illegal conduct of illegally engaging in fund payment and settlement business within two years; (3) have refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, resulting in The stolen money cannot be recovered; (4) causes other serious consequences. 4． Using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., with an amount exceeding one million yuan, or causing financial institutions to lose 200,000 yuan. Overdue repayment of more than RMB 100,000, or causing economic losses of more than RMB 100,000 to the financial institution. (3) Carrying out illegal foreign exchange trading activities such as buying and selling foreign exchange or buying and selling foreign exchange in disguised form, disrupting the order of the financial market, and falling into any of the following circumstances: 1. The amount of illegal business operations is more than 5 million yuan, or the amount of illegal income is more than 100,000 yuan; 2. The amount of illegal business operations is more than 2.5 million yuan, or the amount of illegal income is more than 50,000 yuan, and one of the following circumstances exists: (1) has been criminally investigated for the crime of illegal foreign exchange trading; (2) 2 (3) Refusing to explain the whereabouts of the funds involved or refusing to cooperate with recovery efforts, resulting in the failure to recover the stolen money; (4) Causing other serious consequences. 3. A company, enterprise or other unit violates the regulations on foreign trade agency business, uses illegal means, or knowingly forges or alters vouchers or commercial documents to fraudulently purchase foreign exchange from a designated foreign exchange bank for others, with the amount exceeding US$5 million or illegally The amount of income is more than 500,000 yuan; 4. An intermediary introduces a person to fraudulently purchase foreign exchange, with the amount exceeding one million U.S. dollars, or the amount of illegal gains exceeding 100,000 yuan. (4) Publish, print, copy, and distribute illegal publications that seriously endanger social order and disrupt market order, and fall under any of the following circumstances: 1. The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of an unit is more than 150,000 yuan; 2. The amount of illegal income for an individual is more than 20,000 yuan, and the amount of illegal income for an organization is more than 50,000 yuan; 3. An individual illegally operates 5,000 newspapers or 5,000 periodicals or 2,000 books or more than 500 audio-visual products or electronic publications; an unit illegally operates 15,000 newspapers or 15,000 periodicals or More than 5,000 books or 1,500 audio-visual products or electronic publications (boxes); 4. Although the above amount standard is not reached, one of the following circumstances exists: (1) Having received two or more administrative penalties within two years for publishing, printing, copying, or distributing illegal publications, and then publishing, printing, copying, or distributing illegal publications (2) Publishing, printing, copying, or distributing illegal publications has caused adverse social impact or other serious consequences. (5) Illegal engagement in the publishing, printing, copying, and distribution of publications, seriously disrupting market order, and falling under any of the following circumstances: 1. The illegal business amount of an individual is more than 150,000 yuan, and the illegal business amount of an unit is more than 500,000 yuan; 2. The amount of illegal income for an individual is more than 50,000 yuan, and the amount of illegal income for an organization is more than 150,000 yuan; 3. If an individual illegally operates 15,000 newspapers or 15,000 periodicals or 5,000 books or more than 1,500 audio-visual products or electronic publications, an unit illegally operates 50,000 newspapers or 50,000 periodicals. More than 15,000 copies of books or 5,000 copies (boxes) of audio-visual products or electronic publications; 4. Although the amount does not meet the above-mentioned amount standard, the person has been subject to two or more administrative penalties for illegally engaging in the publishing, printing, copying, and distribution business of publications within two years, and has also illegally engaged in the publishing, printing, copying, and distribution business of publications. (6) Leasing international dedicated lines, setting up private transfer equipment or other methods, operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan for profit-making activities without authorization, disrupting the management order of the telecommunications market, and falling into any of the following circumstances: 1. Operating outbound call business with an amount exceeding one million yuan; 2. Operating incoming call services causes telecommunication tariff losses exceeding one million yuan; 3. Although the above amount standard is not reached, one of the following circumstances exists: (1) He has received two or more administrative penalties within two years for illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan, and illegally operating international telecommunications business or involving Hong Kong and Macao. Taiwan telecommunications business; (2) Any other serious consequences caused by illegal operation of international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan. (7) For the purpose of profit, providing paid information deletion services through information networks, or providing paid information release and other services through information networks knowing that it is false information, disrupting market order, and falling into one of the following circumstances: 1. The amount of individual illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan; 2. The amount of illegal business operations of the unit is more than 150,000 yuan, or the amount of illegal income is more than 50,000 yuan. (8) Illegal production and sales of "black broadcasts", "pseudo base stations", radio jammers and other radio equipment, with any of the following circumstances: 1. Illegal production and sales of more than three sets of radio equipment; 2. The amount of illegal business is more than 50,000 yuan; 3. Although the above-mentioned amount standards have not been reached, the person has been subject to two or more administrative penalties for illegal production and sales of radio equipment within two years, and has also illegally produced and sold radio equipment. (9) For the purpose of providing others with casinos, violating national regulations, illegally producing and selling electronic game facilities and equipment with gambling functions such as refunding coins, points, and steel balls, or their special software, and one of the following circumstances: 1. The amount of individual illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 10,000 yuan; 2. The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan; 3. Although the above-mentioned amount standard is not reached, but one has received more than two administrative penalties for illegally producing and selling gambling machines within two years, and then carries out the same type of illegal business activities; 4. Other serious circumstances. (10) Carrying out the following acts endangering food safety, with an illegal business amount of more than 100,000 yuan, or illegal income of more than 50,000 yuan: 1. Producing and selling non-food raw materials that are prohibited by the state from being used in food production and sales in violation of national regulations for the purpose of providing food production and sales to others; 2. For the purpose of providing others with the production and sale of edible agricultural products, in violation of national regulations, the production and sale of toxic and harmful non-food raw materials such as state-banned pesticides, drugs and other compounds prohibited for use in food animals, or the production and sale of toxic and harmful non-food raw materials with the above-mentioned toxic and Harmful non-food raw materials pesticides, veterinary drugs, feed, feed additives, feed raw materials; 3. Violating state regulations, setting up private pig slaughtering plants (fields) to engage in pig slaughtering, sales and other business activities. (11) Regularly granting loans to unspecified objects in society at an actual annual interest rate exceeding 36% without the approval of regulatory authorities, or beyond the scope of business, for the purpose of profit, and under one of the following circumstances : 1. The cumulative amount of illegal personal loans exceeds 2 million yuan, and the cumulative illegal loan amount of units exceeds 10 million yuan; 2. The cumulative amount of illegal income for individuals exceeds 800,000 yuan, and the cumulative amount of illegal income for units exceeds 4 million yuan; 3. The total number of illegal loan recipients for individuals is more than 50, and the total number of illegal loan recipients for units is more than 150 people; 4. Cause serious consequences such as suicide, death or mental disorder of the borrower or his close relatives. 5. Although it does not meet the above amount standard, one of the following circumstances exists: (1) has been subject to more than two administrative penalties for illegal lending within two years; (2) with an actual annual interest rate exceeding 72% Carrying out illegal lending behavior more than ten times. Illegal lending by evil forces shall be determined based on 50% of the corresponding amounts and quantity standards stipulated in items 1, 2, and 3. If the circumstances specified in Item 5 are met at the same time, it shall be determined according to 40% of the corresponding amount and quantity standard. (12) Engaging in other illegal business activities and falling into one of the following circumstances: 1. The amount of individual illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 10,000 yuan; 2. The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan; 3. Although the above-mentioned amount standard is not reached, but one has received more than two administrative penalties for illegal business activities within two years, and engages in the same type of illegal business activities; 4. Other serious circumstances. If laws and judicial interpretations have other provisions on the standards for filing and prosecution of illegal business crimes, those provisions shall prevail. Article 72[Illegal transfer and reselling of land use rights case (Criminal Law Article 228)] For the purpose of profit, in violation of land management regulations, illegal transfer and reselling of land use rights, suspected of the following circumstances A case should be filed for prosecution: (1) Illegal transfer and resale of more than five acres of permanent basic farmland; (2) Illegal transfer and resale of more than ten acres of arable land other than permanent basic farmland; (3) Illegal transfer , reselling other land of more than 20 acres; (4) The amount of illegal income is more than 500,000 yuan; (5) Although the amount does not reach the above-mentioned standard, but has received administrative penalties for illegal transfer or reselling of land use rights, and Illegal transfer and reselling of land; (6) Other serious circumstances. Article 73 [Case of Providing False Certification Documents (Criminal Law Article 229, Paragraph 1)] Responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, sponsorship, safety assessment, and environmental impact assessment Personnel of intermediary organizations with responsibilities such as environmental monitoring and other responsibilities deliberately provide false certification documents and are suspected of any of the following circumstances, a case shall be filed for prosecution: (1) The amount of direct economic losses caused to the country, the public or other investors exceeds 500,000 yuan Above; (2) The amount of illegal income is more than 100,000 yuan; (3) The fictitious amount in the false certification document is more than 1 million yuan and accounts for more than 30% of the actual amount; (4) Although not Reaching the above-mentioned amount standard, but having received more than two administrative penalties within two years for providing false certification documents, and then providing false certification documents; (5) Other serious circumstances. Article 74 [Case of major inaccuracies in issuing certification documents (Criminal Law Article 229, Paragraph 3)] Responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, sponsorship, safety evaluation, environmental impact Personnel of intermediary organizations with responsibilities such as assessment and environmental monitoring are seriously irresponsible, and the certification documents issued have major inaccuracies. If they are suspected of any of the following circumstances, a case shall be filed for prosecution: (1) Directly causing harm to the state, the public or other investors The amount of economic loss exceeds one million yuan; (2) Other situations causing serious consequences. Article 75 [Case of Evading Commodity Inspection (Article 230 of the Criminal Law)] Violating the provisions of the Import and Export Commodity Inspection Law, evading commodity inspection, and selling imported commodities that must be inspected by the commodity inspection agency without submitting them for inspection. , use, or export goods that must be inspected by the commodity inspection agency without reporting that they have passed the inspection, and are suspected of any of the following circumstances, a case shall be filed for prosecution: (1) Direct economic losses caused to the country, units or individuals in the amount of More than 500,000 yuan; (2) The value of imported and exported goods evading commodity inspection is more than 3 million yuan; (3) Leading to epidemics and disasters and accidents; (4) Evading commodity inspection multiple times; (5) Causing international economic and trade disputes, seriously affecting the country’s foreign trade relations, or seriously damaging the country’s reputation; (6) Other serious circumstances. Article 76[Office embezzlement case (Criminal Law Article 271, Paragraph 1)] Personnel of a company, enterprise or other unit who take advantage of their position to illegally appropriate the property of the unit for themselves Yes, if the amount of exceeds 30,000 yuan, a case should be filed for prosecution. Article 77 [Misappropriation of Funds Case (Criminal Law Article 272, Paragraph 1)] Employees of a company, enterprise or other unit who take advantage of their position to misappropriate funds of the unit for personal use or Anyone who lends money to others and is suspected of one of the following circumstances shall be prosecuted: (1) Misappropriation of the unit's funds in an amount of more than 50,000 yuan and failure to repay it for more than three months; (2) Misappropriation of the unit's funds in an amount of more than 50,000 yuan. (3) Misappropriating more than 30,000 yuan of the unit’s funds to carry out illegal activities. If one of the following circumstances occurs, it falls under the "personal use" stipulated in this article: (1) Use the funds of the company for the use of himself, relatives, friends or other natural persons; (2) Use the funds of the company for other companies in the name of an individual Used; (3) An individual decides to use the unit’s funds for other units to use in the name of the unit to seek personal interests. Article 78 [ False Litigation Case (Criminal Law Article 307-1)] Individually or in malicious collusion with others to file a civil lawsuit on the basis of fabricated facts, and is suspected of one of the following circumstances, the case shall be filed Prosecution: (1) Causing the People's Court to take property preservation or behavior preservation measures based on fabricated facts; (2) Causing the People's Court to hold hearings and interfering with normal judicial activities; (3) Causing the People's Court to take measures based on fabricated facts Judgment documents, preparation of property distribution plans, or filing for execution of arbitration awards or notarized creditor's rights documents based on fabricated facts; (4) filing civil lawsuits based on fabricated facts multiple times; (5) filing civil lawsuits based on fabricated facts Compulsory civil litigation measures have been taken or criminal prosecution has been carried out; (6) Other situations that obstruct judicial order or seriously infringe on the legitimate rights and interests of others. Supplementary Provisions Article 79 “Currency” in these regulations refers to the following currencies in circulation domestically and abroad: (1) Renminbi (including ordinary commemorative coins and precious metal commemorative coins), Hong Kong dollars, Macau pataca dollars, and New Taiwan dollars ; (2) Legal currencies of other countries and regions. The denomination of the precious metal commemorative coins is based on the initial offering price authorized by the China Gold Coin Corporation, authorized by the People's Bank of China. Article 80 “ multiple times” in these regulations refers to more than three times. Article 81 The term "although it does not reach the above-mentioned amount standard" in these regulations means that it is close to the above-mentioned amount standard and has reached more than 80% of the amount. Article 82 For preliminary offenders, attempted offenders, and suspended offenders who need to be held criminally responsible, the case shall be filed for prosecution. Article 83 The standards for filing and prosecution of cases in these regulations shall apply to the corresponding unit crimes, unless otherwise provided by laws, judicial interpretations, or these regulations. Article 84 “ or above” in these regulations includes this number. Article 85 These regulations will come into effect on May 15, 2022. "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Agencies (II)" (Gongtongzi [2010] No. 23) and "The Supreme People's Procuratorate and the Ministry of Public Security on Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Agencies" The Supplementary Provisions of Standards (2) (Gongtongzi [2011] No. 47) shall be abolished at the same time. Article 10 [Case of bribery by non-state personnel (Article 163 of the Criminal Law)] Employees of companies, enterprises or other units take advantage of their positions to extort property from others or illegally accept property from others to seek benefits for others. , or in economic transactions, take advantage of the convenience of the position, violate state regulations, accept kickbacks and handling fees in various names, and own them personally, and the amount is more than 30,000 yuan, a case should be filed for prosecution.
Article 11 [Case of bribery of non-state personnel (Criminal Law Article 164, Paragraph 1)] In order to obtain illegitimate benefits, giving property to staff of a company, enterprise or other unit, the amount of personal bribery is within If the bribe amount exceeds 30,000 yuan, and the amount of bribe paid by the unit exceeds 200,000 yuan, a case shall be filed for prosecution.
Article 12 [Case of Bribery of Foreign Public Officials and Officials of International Public Organizations (Criminal Law Article 164, Paragraph 2)] In order to obtain unfair commercial interests, giving property to foreign public officials or officials of international public organizations, If the amount of bribe paid by an individual exceeds 30,000 yuan, and if the amount of bribe paid by an organization exceeds 200,000 yuan, a case shall be filed for prosecution.
Anyone who manipulates the securities and futures markets, affects the trading prices of securities and futures or the trading volume of securities and futures, makes a profit or avoids a loss of more than 500,000 yuan, and is suspected of one of the following circumstances, shall file a case for prosecution:
(1) Issuers, listed companies and their directors, supervisors, senior managers, controlling shareholders or actual controllers engage in manipulation of securities and futures markets;
(2) Acquirers, counterparties to major asset reorganizations and their directors, supervisors and senior Managers, controlling shareholders or actual controllers engage in manipulation of securities or futures markets;
(3) The perpetrators know that the manipulation of securities or futures markets is being investigated by relevant departments but continue to do so;
(4) Manipulation of securities or futures markets Those who have been criminally investigated for market behavior;
(5) received administrative penalties for manipulating the securities or futures markets within two years;
(6) manipulated the securities or futures markets during specific periods such as major abnormal market fluctuations;
(7) caused other serious consequences.
For acts of manipulating the securities market in the National Equities Exchange and Quotations that are highly harmful to society and seriously undermine a fair and just market order, the provisions of this article shall apply mutatis mutandis, except for the first and second items of paragraph 1 of this article.
Article 35 [Case of using entrusted property in breach of trust (Criminal Law Article 185-1, paragraph 1)] Commercial banks, stock exchanges, futures exchanges, securities companies, futures companies, insurance companies or others If a financial institution violates its fiduciary obligations and uses client funds or other entrusted or trusted property without authorization, and is suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) The amount of client funds or other entrusted or trusted property without authorization shall exceed 30 More than 10,000 yuan;
(2) Although the amount does not reach the above-mentioned standard, it has repeatedly used client funds or other entrusted or trusted properties without authorization, or used multiple client funds or other entrusted or trusted properties without authorization;
(3 ) Other serious circumstances.
Article 36 [Illegal use of funds case (Criminal Law Article 185-1, paragraph 2)] Social security fund management agencies, housing provident fund management agencies and other public fund management agencies, as well as insurance companies and insured assets Management companies and securities investment fund management companies that use funds in violation of national regulations and are suspected of one of the following circumstances shall be prosecuted:
(1) If the amount of funds used exceeds 300,000 yuan in violation of national regulations;
(2) Although Those who do not meet the above amount standards, but use funds in violation of national regulations many times;
(3) Other serious circumstances.
Article 37 [Illegal Loan Granting Case (Criminal Law Article 186)] If a bank or other financial institution and its staff issue loans in violation of state regulations and are suspected of one of the following circumstances, a case shall be filed Prosecution:
(1) illegally granting loans, the amount of which is more than 2 million yuan;
(2) illegally granting loans, causing direct economic losses of more than 500,000 yuan.
Article 38 [Case of Absorbing Client Funds without Accounting (Criminal Law Article 187)] If a bank or other financial institution and its staff absorb client funds without accounting, and are suspected of one of the following circumstances, a case shall be filed Pursuance:
(1) Absorbing customer funds without recording the amount into the account, and the amount is more than 2 million yuan;
(2) Absorbing the customer funds without recording the account, resulting in direct economic losses of more than 500,000 yuan.
Article 39 [Case of illegal issuance of financial instruments (Article 188 of the Criminal Law)] Banks or other financial institutions and their staff violate regulations by issuing letters of credit or other letters of guarantee, bills, deposit certificates, or credits for others. Proof that anyone suspected of one of the following circumstances shall be prosecuted:
(1) Violation of regulations in issuing a letter of credit or other letter of guarantee, bill, deposit certificate, or credit certificate for others, with an amount exceeding two million yuan;
(2) Violation of Providing for the issuance of letters of credit or other letters of guarantee, bills, certificates of deposit, and certificates of credit for others, resulting in direct economic losses exceeding 500,000 yuan;
(3) Repeatedly issuing letters of credit or other letters of guarantee, bills, certificates of deposit, or certificates of credit in violation of regulations
(4) Accept bribes and illegally issue letters of credit or other letters of guarantee, bills, deposit certificates, and credit certificates;
(5) Other serious circumstances.
Article 40 [Case of Acceptance, Payment and Guarantee of Illegal Bills (Criminal Law Article 189)] Banks or other financial institutions and their staff shall, in the course of bill business, accept bills that violate the provisions of the Bills Law , payment or guarantee, causing direct economic losses of more than 500,000 yuan, a case shall be filed for prosecution.
Article 41 [Foreign exchange evasion case (Article 190 of the Criminal Law)] Companies, enterprises or other units, in violation of national regulations, deposit foreign exchange abroad without authorization, or illegally transfer domestic foreign exchange abroad, a single transaction If the amount exceeds US$2 million or the cumulative amount exceeds US$5 million, a case shall be filed for prosecution.
Article 42 [Case of fraudulent purchase of foreign exchange (Article 1 of the Decision of the Standing Committee of the National People’s Congress on Punishing the Crimes of Fraudulent Purchase of Foreign Exchange, Foreign Exchange Evasion and Illegal Purchase and Sale of Foreign Exchange)] Fraudulent purchase of foreign exchange, amounting to US$500,000 For the above, a case should be filed for prosecution.
Article 43 [Money laundering case (Article 191 of the Criminal Law)] For concealing and concealing drug crimes, organized crimes of a mafia nature, terrorist activities, smuggling crimes, corruption and bribery crimes, and crimes that disrupt financial management order. , the source and nature of the proceeds from financial fraud crimes and the income generated, if suspected of one of the following circumstances, a case should be filed for prosecution:
(1) providing a capital account;
(2) converting property into cash, financial bills, Securities;
(3) Transferring funds through transfer or other payment and settlement methods;
(4) Cross-border transfer of assets;
(5) Using other methods to disguise or conceal criminal proceeds and the source and nature of the proceeds .
Article 44 [ Fund-raising Fraud Case (Criminal Law Article 192)] If the person uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount exceeds 100,000 yuan, a case shall be filed for prosecution.
Article 45 [ Loan Fraud Case (Criminal Law Article 193)] Anyone who defrauds a bank or other financial institution of a loan for the purpose of illegal possession, and the amount exceeds 50,000 yuan, shall be punished. File a case for prosecution.
Article 46 [Bill Fraud Case (Criminal Law Article 194, Paragraph 1)] Anyone who conducts financial bill fraud activities with an amount of more than 50,000 yuan shall be filed for prosecution.
Article 47 [Financial Voucher Fraud Case (Criminal Law Article 194, Paragraph 2)] Using forged or altered entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers to conduct fraudulent activities , if the amount exceeds 50,000 yuan, a case shall be filed for prosecution.
Article 48 [ Letter of Credit Fraud Case (Criminal Law Article 195)] Anyone who conducts letter of credit fraud activities and is suspected of one of the following circumstances shall be prosecuted:
(1) Using forged, Forging letters of credit or accompanying documents and documents;
(2) Using invalidated letters of credit;
(3) Fraudulently obtaining letters of credit;
(4) Using other methods to conduct letter of credit fraud.
Article 49 [ Credit Card Fraud Case (Criminal Law Article 196)] Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted:
(1) Using forged credit cards, Using a false identity card to fraudulently obtain a credit card, a voided credit card, or using someone else's credit card to commit fraud, with the amount exceeding 5,000 yuan;
(2) Malicious overdraft, with the amount exceeding 50,000 yuan.
The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after two effective collections.
The amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, compound interest, late payment fees, handling fees and other fees charged by the card-issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal.
If the overdraft is malicious and the amount is more than 50,000 yuan but less than 500,000 yuan, if it is returned in full before filing a public prosecution or there are other minor circumstances, prosecution may not be required. However, this does not apply to those who have been punished twice or more for credit card fraud.
Article 50 [Securities Fraud Cases (Criminal Law Article 197)] Using forged or altered treasury bills or other securities issued by the state to conduct fraudulent activities, the amount of which exceeds 50,000 yuan, A case should be filed for prosecution.
Article 51 [ Insurance Fraud Case (Criminal Law Article 198)] If the amount of insurance fraud is more than 50,000 yuan, a case shall be filed for prosecution.
Article 52 [Tax Evasion Case (Criminal Law 201)] Anyone who evades the payment of taxes and is suspected of one of the following circumstances shall be prosecuted:
(1) Taxpayers use deception or concealment to make false claims Declare or fail to declare taxes, evade the payment of taxes, the amount is more than 100,000 yuan and account for more than 10% of the total tax payable for each type of tax, and after the tax authorities issue a recovery notice in accordance with the law, fail to pay the tax due, fail to pay late payment fees, or Do not accept administrative penalties;
(2) The taxpayer has been criminally punished for evading the payment of taxes within five years or has been given two or more administrative penalties by the tax authorities, and evades the payment of taxes, and the amount is more than 100,000 yuan and accounts for each tax category. The total amount of tax paid exceeds 10%;
(3) The withholding agent uses deception or concealment methods to fail to pay or underpay the tax that has been withheld or collected, and the amount is more than 100,000 yuan.
If a taxpayer then pays back taxes due, pays late fees or accepts administrative penalties after filing a case with the public security organ, it will not affect the pursuit of criminal liability.
Article 53 [Tax Resistance Case (Criminal Law Article 202)] Anyone who refuses to pay taxes through violence or threats and is suspected of one of the following circumstances shall be prosecuted:
(1) Causing tax trouble Personnel with minor injuries or more;
(2) Threatening the life, health, property, etc. of tax personnel and their relatives and friends, and refusing to pay taxes;
(3) Gathering a crowd to resist paying taxes;
(4) ) Refusing to pay taxes by other means of violence or threats.
Article 54 [Case of evading the recovery of tax arrears (Article 203 of the Criminal Law)] A taxpayer defaults on payment of tax due and resorts to means of transferring or concealing property, resulting in the tax authorities being unable to recover the arrears of tax. If the amount exceeds 10,000 yuan, a case shall be filed for prosecution.
Article 55 [Case of defrauding export tax refunds (Article 204 of the Criminal Law)] Anyone who defrauds the state of export tax refunds by false export declarations or other deceptive means, and the amount is more than 100,000 yuan, shall be filed for prosecution.
Article 56 [Case of falsely issuing special value-added tax invoices, used to defraud export tax rebates or tax deductions (Criminal Law Article 205)] Falsely issuing special value-added tax invoices, or falsely issuing special invoices to defraud exports For other invoices for tax refunds and tax deductions, if the amount of falsely issued taxes is more than 100,000 yuan or the amount of tax losses caused to the state is more than 50,000 yuan, a case shall be filed for prosecution.
Article 57 [Case of False Issuance of Invoices (Criminal Law Article 205-1)] Anyone who falsely issues invoices other than those specified in Article 205 of the Criminal Law and is suspected of one of the following circumstances shall be prosecuted :
(1) The cumulative amount of false invoices is more than 500,000 yuan;
(2) More than 100 false invoices are issued with a face value of more than 300,000 yuan;
(3) False issuance of invoices within five years Those who have received criminal punishment or two or more administrative penalties and falsely issued invoices with an amount reaching more than 60% of the first and second standards.
Article 58 [Case of forging and selling forged special value-added tax invoices (Criminal Law Article 206)] Anyone who forges or sells forged special value-added tax invoices and is suspected of one of the following circumstances shall be prosecuted:
(1) The cumulative face tax amount is more than 100,000 yuan;
(2) Forging or selling more than ten forged special value-added tax invoices with a face tax amount of more than 60,000 yuan;
(3) The amount of illegal profit is more than 100,000 yuan; More than 10,000 yuan.
Article 59 [Case of illegal sale of special value-added tax invoices (Criminal Law Article 207)] Anyone who illegally sells special value-added tax invoices and is suspected of one of the following circumstances shall be prosecuted:
(1) Par tax amount The total amount exceeds 100,000 yuan;
(2) The illegal sale of more than ten special value-added tax invoices with a face tax amount of more than 60,000 yuan;
(3) The illegal profit amount exceeds 10,000 yuan.
Article 60 [Case of illegal purchase of special value-added tax invoices or purchase of forged special value-added tax invoices (Criminal Law Article 208, paragraph 1)] Illegal purchase of special special value-added tax invoices or purchase of forged special special value-added tax invoices, Anyone suspected of one of the following circumstances shall be prosecuted:
(1) Illegal purchase of special value-added tax invoices or purchase of more than twenty forged special value-added tax invoices with a face tax amount of more than 100,000 yuan;
(2) Face tax amount The total amount exceeds 200,000 yuan.
Article 61 [Case of illegally manufacturing and selling illegally manufactured invoices used to defraud export tax rebates and tax deductions (Criminal Law Article 209, Paragraph 1)] Forgery, unauthorized manufacture or sale of forged or unauthorized manufacture If any other invoice used to defraud export tax refunds or tax deductions is suspected of one of the following circumstances, a case should be filed for prosecution:
(1) The face value of the invoice can be used for tax refunds and tax deductions, and the accumulated tax amount is more than 100,000 yuan;
(2) Forgery, unauthorized production or sale of more than ten forged or unauthorized invoices with a face value of more than 60,000 yuan for tax refund and tax deduction;
(3) The amount of illegal profits exceeds 10,000 yuan.
Article 62 [Case of illegally manufacturing and selling illegally manufactured invoices (Criminal Law Article 209, Paragraph 2)] Forgery, unauthorized manufacture or sale of forged or unauthorized manufacture does not constitute defrauding export tax rebates or tax deductions Other invoices with payment function, if suspected of any of the following circumstances, should be filed for prosecution:
(1) Forgery, unauthorized manufacture or sale of 100 forged or unauthorized other invoices that do not have the function of fraudulently obtaining export tax refunds or tax deductions The above and the cumulative face value is more than 300,000 yuan;
(2) The cumulative face value is more than 500,000 yuan;
(3) The illegal profit amount is more than 10,000 yuan.
Article 63 [Case of illegal sale of invoices used to defraud export tax refunds and tax deductions (Criminal Law Article 209, Paragraph 3)] Illegal sale of other invoices that can be used to defraud export tax refunds and tax deductions If an invoice is suspected of one of the following circumstances, a case should be filed for prosecution:
(1) The face value of the invoice can be used for tax refunds and tax deductions, and the accumulated tax amount is more than 100,000 yuan;
(2) Illegally sold to defraud export tax refunds and tax deductions There are more than ten other invoices and the face value can be refunded or deducted for tax exceeding 60,000 yuan;
(3) The illegal profit amount is more than 10,000 yuan.
Article 64 [Case of illegal sale of invoices (Criminal Law Article 209, Paragraph 4)] Illegal sale of special value-added tax invoices, other invoices used to defraud export tax refunds and tax deductions, suspected Under any of the following circumstances, a case shall be filed for prosecution:
(1) Illegal sale of more than 100 invoices other than special value-added tax invoices, other invoices used to defraud export refunds, or tax deductions, with a cumulative face value of more than 30 More than 10,000 yuan;
(2) The cumulative face value is more than 500,000 yuan;
(3) The amount of illegal profits exceeds 10,000 yuan.
Article 65 [Case of Possession of Forged Invoices (Criminal Law Article 210-1)] Anyone who knowingly holds a forged invoice and is suspected of one of the following circumstances shall be prosecuted:
(1 ) Possessing more than 50 forged special value-added tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions, and the cumulative face tax amount exceeds 250,000 yuan;
(2) Possessing forged value-added tax invoices Special tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions with a cumulative face tax of more than 500,000 yuan;
(3) Possessing more than 100 forged invoices other than those specified in Paragraph 1 and The face value is more than 500,000 yuan;
(4) Holding forged invoices other than those specified in the first paragraph with a cumulative face value of more than 1 million yuan.
Article 66 [Case of damaging business reputation and product reputation (Criminal Law 221)] Fabricating and spreading false facts to harm others’ business reputation and product reputation, and being suspected of any of the following circumstances shall be punished File a case for prosecution:
(1) Cause direct economic losses to others exceeding 500,000 yuan;
(2) Although the amount does not reach the above standards, it causes companies, enterprises and other units to suspend operations or production for more than six months, or to go bankrupt.
(3) Other situations that cause heavy losses to others or have other serious circumstances.
Article 67 [False Advertising Case (Criminal Law Article 222)] Advertisers, advertising operators, and advertising publishers violate national regulations and use advertisements to falsely promote goods or services, and are suspected of the following circumstances 1. A case should be filed for prosecution:
(1) The amount of illegal income is more than 100,000 yuan;
(2) In the name of preventing and controlling emergencies and preventing and controlling infectious diseases, using advertisements for false propaganda, causing many people to be fooled. Being deceived, the amount of illegal income is more than 30,000 yuan;
(3) Using advertisements to falsely promote food and medicine, and the amount of illegal income is more than 30,000 yuan;
(4) Although the above amount standard is not reached, within two years Having received two or more administrative penalties for using advertisements for false propaganda, and then using advertisements for false propaganda; (5) causing serious harmful consequences or adverse social impact; (6) other serious circumstances.
Article 68 [Bid Collusion Case (Criminal Law Article 223)] Bidders collude with each other in bidding quotations, or bidders collude with the tenderee in bidding, and if any of the following circumstances are suspected, a case shall be filed for prosecution:
(1) Damaging the legitimate interests of the tenderee, the bidder or the country, collectives, and citizens, causing direct economic losses of more than 500,000 yuan;
(2) The amount of illegal gains is more than 200,000 yuan;
( 3) The amount of the winning bid for the project is more than 4 million yuan;
(4) Using illegal means such as threats, deception or bribery;
(5) Although the amount does not meet the above-mentioned amount standards, the applicant has received more than two administrative penalties for colluding bids within two years. Punishment, and collusion in bidding;
(6) Other serious circumstances.
Article 69 [ Contract Fraud Case (Criminal Law Article 224)] For the purpose of illegal possession, during the process of signing and performing a contract, defrauding the other party of property, the amount is more than 20,000 yuan , a case should be filed for prosecution.
Article 70 [Case of Organizing and Leading MLM Activities (Criminal Law Article 224-1)] Organization and leadership require participants to pay fees or purchase goods in the name of promoting goods, providing services and other business activities MLM activities that obtain membership qualifications through services, services, etc., and form hierarchies in a certain order, directly or indirectly use the number of developers as the basis for remuneration or rebates, induce and coerce participants to continue to develop others to participate, defraud property, and disrupt the economic and social order. If there are more than 30 people suspected of organizing or leading MLM activities and the level is above level three, the organizers and leaders should be prosecuted.
The following persons can be recognized as the organizers and leaders of MLM activities:
(1) Persons who initiate, plan and control MLM activities;
(2) Persons who assume management, coordination and other responsibilities in MLM activities;
(3) Persons responsible for publicity, training and other responsibilities in MLM activities;
(4) Persons who have been criminally investigated for organizing and leading MLM activities, or have been subject to administrative penalties for organizing and leading MLM activities within one year, and have directly or indirectly participated in them Those who have more than fifteen people involved in MLM activities and whose levels are above level three;
(5) Other personnel who play a key role in the implementation of MLM activities, the establishment and expansion of MLM organizations, etc.
Article 71 [ Illegal Business Case (Criminal Law Article 225)] Anyone who violates national regulations, conducts illegal business activities, disrupts market order, and is suspected of one of the following circumstances shall be prosecuted:
(1) Violating national tobacco monopoly management laws and regulations, without permission from the tobacco monopoly administrative department, without a tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, tobacco monopoly retail license, etc. Prove that illegal operation of tobacco monopoly products falls under one of the following circumstances:
1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
2. Illegal operation of more than 200,000 cigarettes;
3. Received more than two administrative penalties within three years for illegally operating tobacco monopoly products, and illegally operating tobacco monopoly products with an amount of more than 30,000 yuan.
(2) Illegal operation of securities, futures, insurance business, or illegal fund payment and settlement business without approval of the relevant national competent authorities, or any of the following circumstances:
1. Illegal operation of securities, futures, and insurance businesses with an amount of more than one million yuan, or illegal income of more than 100,000 yuan;
2. Illegally engaged in fund payment and settlement business with an amount exceeding RMB 5 million, or illegal income exceeding RMB 100,000;
3. Illegal engagement in fund payment and settlement business, the amount is more than 2.5 million yuan but less than 5 million yuan, or the amount of illegal income is more than 50,000 yuan but less than 100,000 yuan, and one of the following circumstances applies:
(1) due to illegal Those who have been criminally investigated for the criminal conduct of engaging in fund payment and settlement business;
(2) have been subject to administrative penalties for illegal conduct of illegally engaging in fund payment and settlement business within two years;
(3) have refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, resulting in The stolen money cannot be recovered;
(4) causes other serious consequences.
4． Using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., with an amount exceeding one million yuan, or causing financial institutions to lose 200,000 yuan. Overdue repayment of more than RMB 100,000, or causing economic losses of more than RMB 100,000 to the financial institution.
(3) Carrying out illegal foreign exchange trading activities such as buying and selling foreign exchange or buying and selling foreign exchange in disguised form, disrupting the order of the financial market, and falling into any of the following circumstances:
1. The amount of illegal business operations is more than 5 million yuan, or the amount of illegal income is more than 100,000 yuan;
2. The amount of illegal business operations is more than 2.5 million yuan, or the amount of illegal income is more than 50,000 yuan, and one of the following circumstances exists:
(1) has been criminally investigated for the crime of illegal foreign exchange trading;
(2) 2
(3) Refusing to explain the whereabouts of the funds involved or refusing to cooperate with recovery efforts, resulting in the failure to recover the stolen money;
(4) Causing other serious consequences.
3. A company, enterprise or other unit violates the regulations on foreign trade agency business, uses illegal means, or knowingly forges or alters vouchers or commercial documents to fraudulently purchase foreign exchange from a designated foreign exchange bank for others, with the amount exceeding US$5 million or illegally The amount of income is more than 500,000 yuan;
4. An intermediary introduces a person to fraudulently purchase foreign exchange, with the amount exceeding one million U.S. dollars, or the amount of illegal gains exceeding 100,000 yuan.
(4) Publish, print, copy, and distribute illegal publications that seriously endanger social order and disrupt market order, and fall under any of the following circumstances:
1. The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of an unit is more than 150,000 yuan;
2. The amount of illegal income for an individual is more than 20,000 yuan, and the amount of illegal income for an organization is more than 50,000 yuan;
3. An individual illegally operates 5,000 newspapers or 5,000 periodicals or 2,000 books or more than 500 audio-visual products or electronic publications; an unit illegally operates 15,000 newspapers or 15,000 periodicals or More than 5,000 books or 1,500 audio-visual products or electronic publications (boxes);
4. Although the above amount standard is not reached, one of the following circumstances exists:
(1) Having received two or more administrative penalties within two years for publishing, printing, copying, or distributing illegal publications, and then publishing, printing, copying, or distributing illegal publications
(2) Publishing, printing, copying, or distributing illegal publications has caused adverse social impact or other serious consequences.
(5) Illegal engagement in the publishing, printing, copying, and distribution of publications, seriously disrupting market order, and falling under any of the following circumstances:
1. The illegal business amount of an individual is more than 150,000 yuan, and the illegal business amount of an unit is more than 500,000 yuan;
2. The amount of illegal income for an individual is more than 50,000 yuan, and the amount of illegal income for an organization is more than 150,000 yuan;
3. If an individual illegally operates 15,000 newspapers or 15,000 periodicals or 5,000 books or more than 1,500 audio-visual products or electronic publications, an unit illegally operates 50,000 newspapers or 50,000 periodicals. More than 15,000 copies of books or 5,000 copies (boxes) of audio-visual products or electronic publications;
4. Although the amount does not meet the above-mentioned amount standard, the person has been subject to two or more administrative penalties for illegally engaging in the publishing, printing, copying, and distribution business of publications within two years, and has also illegally engaged in the publishing, printing, copying, and distribution business of publications.
(6) Leasing international dedicated lines, setting up private transfer equipment or other methods, operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan for profit-making activities without authorization, disrupting the management order of the telecommunications market, and falling into any of the following circumstances:
1. Operating outbound call business with an amount exceeding one million yuan;
2. Operating incoming call services causes telecommunication tariff losses exceeding one million yuan;
3. Although the above amount standard is not reached, one of the following circumstances exists:
(1) He has received two or more administrative penalties within two years for illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan, and illegally operating international telecommunications business or involving Hong Kong and Macao. Taiwan telecommunications business;
(2) Any other serious consequences caused by illegal operation of international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan.
(7) For the purpose of profit, providing paid information deletion services through information networks, or providing paid information release and other services through information networks knowing that it is false information, disrupting market order, and falling into one of the following circumstances:
1. The amount of individual illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
2. The amount of illegal business operations of the unit is more than 150,000 yuan, or the amount of illegal income is more than 50,000 yuan.
(8) Illegal production and sales of "black broadcasts", "pseudo base stations", radio jammers and other radio equipment, with any of the following circumstances:
1. Illegal production and sales of more than three sets of radio equipment;
2. The amount of illegal business is more than 50,000 yuan;
3. Although the above-mentioned amount standards have not been reached, the person has been subject to two or more administrative penalties for illegal production and sales of radio equipment within two years, and has also illegally produced and sold radio equipment.
(9) For the purpose of providing others with casinos, violating national regulations, illegally producing and selling electronic game facilities and equipment with gambling functions such as refunding coins, points, and steel balls, or their special software, and one of the following circumstances:
1. The amount of individual illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 10,000 yuan;
2. The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan;
3. Although the above-mentioned amount standard is not reached, but one has received more than two administrative penalties for illegally producing and selling gambling machines within two years, and then carries out the same type of illegal business activities;
4. Other serious circumstances.
(10) Carrying out the following acts endangering food safety, with an illegal business amount of more than 100,000 yuan, or illegal income of more than 50,000 yuan:
1. Producing and selling non-food raw materials that are prohibited by the state from being used in food production and sales in violation of national regulations for the purpose of providing food production and sales to others;
2. For the purpose of providing others with the production and sale of edible agricultural products, in violation of national regulations, the production and sale of toxic and harmful non-food raw materials such as state-banned pesticides, drugs and other compounds prohibited for use in food animals, or the production and sale of toxic and harmful non-food raw materials with the above-mentioned toxic and Harmful non-food raw materials pesticides, veterinary drugs, feed, feed additives, feed raw materials;
3. Violating state regulations, setting up private pig slaughtering plants (fields) to engage in pig slaughtering, sales and other business activities.
(11) Regularly granting loans to unspecified objects in society at an actual annual interest rate exceeding 36% without the approval of regulatory authorities, or beyond the scope of business, for the purpose of profit, and under one of the following circumstances :
1. The cumulative amount of illegal personal loans exceeds 2 million yuan, and the cumulative illegal loan amount of units exceeds 10 million yuan;
2. The cumulative amount of illegal income for individuals exceeds 800,000 yuan, and the cumulative amount of illegal income for units exceeds 4 million yuan;
3. The total number of illegal loan recipients for individuals is more than 50, and the total number of illegal loan recipients for units is more than 150 people;
4. Cause serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.
5. Although it does not meet the above amount standard, one of the following circumstances exists:
(1) has been subject to more than two administrative penalties for illegal lending within two years;
(2) with an actual annual interest rate exceeding 72% Carrying out illegal lending behavior more than ten times.
Illegal lending by evil forces shall be determined based on 50% of the corresponding amounts and quantity standards stipulated in items 1, 2, and 3. If the circumstances specified in Item 5 are met at the same time, it shall be determined according to 40% of the corresponding amount and quantity standard.
(12) Engaging in other illegal business activities and falling into one of the following circumstances:
1. The amount of individual illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 10,000 yuan;
2. The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan;
3. Although the above-mentioned amount standard is not reached, but one has received more than two administrative penalties for illegal business activities within two years, and engages in the same type of illegal business activities;
4. Other serious circumstances.
If laws and judicial interpretations have other provisions on the standards for filing and prosecution of illegal business crimes, those provisions shall prevail.
Article 72[Illegal transfer and reselling of land use rights case (Criminal Law Article 228)] For the purpose of profit, in violation of land management regulations, illegal transfer and reselling of land use rights, suspected of the following circumstances A case should be filed for prosecution:
(1) Illegal transfer and resale of more than five acres of permanent basic farmland;
(2) Illegal transfer and resale of more than ten acres of arable land other than permanent basic farmland;
(3) Illegal transfer , reselling other land of more than 20 acres;
(4) The amount of illegal income is more than 500,000 yuan;
(5) Although the amount does not reach the above-mentioned standard, but has received administrative penalties for illegal transfer or reselling of land use rights, and Illegal transfer and reselling of land;
(6) Other serious circumstances.
Article 73 [Case of Providing False Certification Documents (Criminal Law Article 229, Paragraph 1)] Responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, sponsorship, safety assessment, and environmental impact assessment Personnel of intermediary organizations with responsibilities such as environmental monitoring and other responsibilities deliberately provide false certification documents and are suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) The amount of direct economic losses caused to the country, the public or other investors exceeds 500,000 yuan Above;
(2) The amount of illegal income is more than 100,000 yuan;
(3) The fictitious amount in the false certification document is more than 1 million yuan and accounts for more than 30% of the actual amount;
(4) Although not Reaching the above-mentioned amount standard, but having received more than two administrative penalties within two years for providing false certification documents, and then providing false certification documents;
(5) Other serious circumstances.
Article 74 [Case of major inaccuracies in issuing certification documents (Criminal Law Article 229, Paragraph 3)] Responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, sponsorship, safety evaluation, environmental impact Personnel of intermediary organizations with responsibilities such as assessment and environmental monitoring are seriously irresponsible, and the certification documents issued have major inaccuracies. If they are suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) Directly causing harm to the state, the public or other investors The amount of economic loss exceeds one million yuan;
(2) Other situations causing serious consequences.
Article 75 [Case of Evading Commodity Inspection (Article 230 of the Criminal Law)] Violating the provisions of the Import and Export Commodity Inspection Law, evading commodity inspection, and selling imported commodities that must be inspected by the commodity inspection agency without submitting them for inspection. , use, or export goods that must be inspected by the commodity inspection agency without reporting that they have passed the inspection, and are suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) Direct economic losses caused to the country, units or individuals in the amount of More than 500,000 yuan;
(2) The value of imported and exported goods evading commodity inspection is more than 3 million yuan;
(3) Leading to epidemics and disasters and accidents;
(4) Evading commodity inspection multiple times;
(5) Causing international economic and trade disputes, seriously affecting the country’s foreign trade relations, or seriously damaging the country’s reputation;
(6) Other serious circumstances.
Article 76[Office embezzlement case (Criminal Law Article 271, Paragraph 1)] Personnel of a company, enterprise or other unit who take advantage of their position to illegally appropriate the property of the unit for themselves Yes, if the amount of exceeds 30,000 yuan, a case should be filed for prosecution.
Article 77 [Misappropriation of Funds Case (Criminal Law Article 272, Paragraph 1)] Employees of a company, enterprise or other unit who take advantage of their position to misappropriate funds of the unit for personal use or Anyone who lends money to others and is suspected of one of the following circumstances shall be prosecuted:
(1) Misappropriation of the unit's funds in an amount of more than 50,000 yuan and failure to repay it for more than three months;
(2) Misappropriation of the unit's funds in an amount of more than 50,000 yuan.
(3) Misappropriating more than 30,000 yuan of the unit’s funds to carry out illegal activities.
If one of the following circumstances occurs, it falls under the "personal use" stipulated in this article:
(1) Use the funds of the company for the use of himself, relatives, friends or other natural persons;
(2) Use the funds of the company for other companies in the name of an individual Used;
(3) An individual decides to use the unit’s funds for other units to use in the name of the unit to seek personal interests.
Article 78 [ False Litigation Case (Criminal Law Article 307-1)] Individually or in malicious collusion with others to file a civil lawsuit on the basis of fabricated facts, and is suspected of one of the following circumstances, the case shall be filed Prosecution:
(1) Causing the People's Court to take property preservation or behavior preservation measures based on fabricated facts;
(2) Causing the People's Court to hold hearings and interfering with normal judicial activities;
(3) Causing the People's Court to take measures based on fabricated facts Judgment documents, preparation of property distribution plans, or filing for execution of arbitration awards or notarized creditor's rights documents based on fabricated facts;
(4) filing civil lawsuits based on fabricated facts multiple times;
(5) filing civil lawsuits based on fabricated facts Compulsory civil litigation measures have been taken or criminal prosecution has been carried out;
(6) Other situations that obstruct judicial order or seriously infringe on the legitimate rights and interests of others.
Supplementary Provisions
Article 79 “Currency” in these regulations refers to the following currencies in circulation domestically and abroad:
(1) Renminbi (including ordinary commemorative coins and precious metal commemorative coins), Hong Kong dollars, Macau pataca dollars, and New Taiwan dollars ;
(2) Legal currencies of other countries and regions.
The denomination of the precious metal commemorative coins is based on the initial offering price authorized by the China Gold Coin Corporation, authorized by the People's Bank of China.
Article 80 “ multiple times” in these regulations refers to more than three times.
Article 81 The term "although it does not reach the above-mentioned amount standard" in these regulations means that it is close to the above-mentioned amount standard and has reached more than 80% of the amount.
Article 82 For preliminary offenders, attempted offenders, and suspended offenders who need to be held criminally responsible, the case shall be filed for prosecution.
Article 83 The standards for filing and prosecution of cases in these regulations shall apply to the corresponding unit crimes, unless otherwise provided by laws, judicial interpretations, or these regulations.
Article 84 “ or above” in these regulations includes this number.
Article 85 These regulations will come into effect on May 15, 2022. "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Agencies (II)" (Gongtongzi [2010] No. 23) and "The Supreme People's Procuratorate and the Ministry of Public Security on Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Agencies" The Supplementary Provisions of Standards (2) (Gongtongzi [2011] No. 47) shall be abolished at the same time.
