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SOMETHING YOU MUST KNOW ABOUT ROUTINE LOAN

来源 : lxslaoshi     作者 : 


Accurately Define 

the Constituent Elements of 

Routine Loan

1.Routine  loan cases are usually accompanied by illegal debt collection, but they  are not the constituent elements of routine loans. The routine does not  affect the cognizance of the routine loan. Those who do not use the  routine do not belong to the routine loan.

Accurately Grasp the Essence of 

Routine Loan

2.For  the purpose of illegal possession, it is the essential attribute of  routine loan. In the case of routine loan, as long as there is a  routine, the purpose of illegal possession can be determined.

3.The  actor collects a wide range of fees, falsely increases the amount of  loans, intentionally sets unequal clauses and so on, which is obviously  not in line with the private lending habits, whether or not the other  party knows, it does not affect the determination of the purpose of  illegal possession of the perpetrator.

Accurately Identify the Behavior Nature 

of Routine Loan

4.Whoever  has the constituent elements of routine loan and sets up all kinds of  routine to defraud other people's property shall be punished as the  crime of fraud.

Routine  loan is generally expressed in the form of contract, but it should not  be punished as the crime of contract fraud. If fraud fails, if it is  deceived by the other party, it will not affect the determination of the  crime of fraud.

Accurate Distinction 

Between One Crime and Several Crimes


5.In  the process of carrying out the routine loan, if the actor takes  illegal possession as the purpose, fabricates the facts, conceals all or  part of the truth, and defrauds others of property through litigation,  arbitration and other means, he shall be convicted and punished for the  crime of fraud.

6.In  the process of carrying out the routine loan, the perpetrator who  illegally occupies the property of others by means of extortion, forced  transaction, robbery, provoking and causing trouble against the same  person shall generally be punished by implicated in the commission of a  felony crime; according to different people, he shall generally be  punished with several crimes.

7.In  the process of carrying out the routine loan, the perpetrator who  illegally occupies the property of others by means of intentional  injury, kidnapping, illegal detention, provoking trouble, etc., shall  generally be punished for several crimes and penalties.

                                               Accurate Identification of Joint Crimes

  

8.Those  who know that others implement routine loans, help formulate relevant  format texts, impart methods of creating false debt evidence or provide  other help, in accordance with the relevant provisions of joint crime,  shall be punished as accomplices in the crime of fraud.

9.Those  who only participate in the collection of debts by illegal means or  file proceedings or arbitrations on false facts shall be punished as  crimes related to their specific acts.

Accurate Determination of 

the Amount of Crime 

and Attempted Punishment

  

10.In  determining the amount of routine loan crime, we should accurately  grasp the essential characteristics of illegal possession of other  people's property in the crime of routine loan, and give the overall  negative evaluation.

11.Although  the interest and beheading interest arising from the illegal and  criminal act of routine loan are expressed in the form of interest, in  essence, for the purpose of illegal possession, the illegal proceeds of  crime arising under the guise of private loans should be included in the  amount of crime.

12.The  fees agreed upon under the terms of false high debt and margin,  intermediary fee, investigation fee, service charge, installation fee  and liquidated damages shall be included in the amount of the crime. If  it has been actually occupied by the perpetrator, the relevant crime  shall be dealt with as accomplished; if it has not yet been actually  occupied, it shall be punished as an attempt to commit a related crime.

13.The  principal actually paid by the perpetrator shall be regarded as the  criminal instrument for the implementation of the routine loan to be  confiscated or recovered, but not included in the amount of the crime.

If  the amount of principal received by the victim from the perpetrator is  greater than the accumulated amount of interest and fee that the victim  has actually given to the perpetrator, the difference may be recovered  from the victim. In the process of case investigation, public security  organs should pay attention to the recovery of the difference.

If  the perpetrator uses to cover up the fact that the victim has returned  part of the loan and files an action against the amount of the loan on  the loan contract, the amount of the loan returned by the victim shall  be regarded as the accomplished amount of the crime of fraud. The amount  borrowed in the loan contract shall not be included in the amount of  the crime, but the interest in excess of the amount of the contract  shall be included in the amount of the crime. If the perpetrator has  illegally owned the corresponding interest, the interest is included in  the accomplished amount of the crime of fraud; if the corresponding  interest has not yet been illegally owned, the interest is included in  the attempted amount of fraud.

Accurately Grasp the Circumstances of 

Heavier Punishment as Appropriate

  

14.If  the perpetrator carries out the serious consequences of suicide, death,  mental disorder or illegal and criminal activities committed by the  victim or a specific person concerned in order to repay the false and  high debt, the perpetrator shall be severely punished as appropriate.

15.Where  multiple actors commit``loan'' to the same victim or a specific related  person to commit suicide, death and mental disorder, and conduct  illegal and criminal activities to repay the false high debts, if the  specific actor can be determined, the relevant actors shall be subject  to heavy punishment in its discretion;If the specific actor cannot be  determined, all the actors shall be subject to heavy punishment.

  

Resolutely Implement the Criminal Policy of 

Combining Leniency with Severity

  

16.In  the process of handling routine loan related criminal cases, resolutely  implement the criminal policy of combining leniency with severity. For  the criminal and evil cases of routine loan, the spirit of strict  punishment according to law is embodied in the stages of investigation,  prosecution, trial and execution.

For  the principal offender of the crime related to routine loan, those who  carry out routine loan by means of false litigation shall be severely  punished; those who are younger and have a younger criminal  circumstances or have a good attitude of pleading guilty shall be  punished leniently for accomplices, especially those who passively  participate in the crime of routine loan.

Lenient  punishment is an important aspect of the criminal policy of lenient and  strict punishment, which should generally be punished by leniency, but  whether the confession and punishment is lenient and lenient should be  considered comprehensively.

Date of Implementation

This discipline shall enter into force as of July 24, 2019.