Supreme Law: Financial crime, resolutely judge!In this type of case, the severe punishment rate is 78.78 %

On September 22, the Supreme People's Court held a press conference to introduce the punishment of financial crimes in accordance with the law. Ma Yan, president of the Supreme People's Court, introduced that from 2017 to August 2022, the national courts concluded 117,100 criminal cases in the first instance of financial management order and crime of financial fraud and 186,300 defendants were sentenced to punishment.

Look at the main points:

From August 2017 to August 2022, the national courts concluded 60,800 criminal cases of illegal fund -raising first instance;

The average severe severe punishment rate of illegal fund -raising criminal cases was 19.99%, of which the severe punishment rate for fund -raising fraud crimes was 78.78%, which was far higher than the average criminal severe punishment rate of criminal cases;

In the past five years, the national courts have concluded that 1,362 criminal cases of the first instance of money laundering were tried in the first instance of money laundering;

In the past five years, the national courts have concluded that a total of 229 criminal cases were made to manipulate securities, futures markets, insider transactions, and using uninterrupted information transactions in the first instance of the first instance.

Three new situations and new characteristics of financial criminal cases are present: there are many cases, and the proportion of illegal fund -raising cases is large; the amount involved in the case is large and the social harm is serious;

In the next step, the people's court will do three "further": further strengthen punishment for crime; further improve the judicial policies system of judicial interpretation; further strengthen communication and coordination with the public security, procuratorial, financial supervision and other departments.

The heavy punishment rate for fund -raising fraud crimes was 78.78%

229 criminal cases such as the Securities Futures Market and other first instance

Ma Yan introduced the situation of the people's courts that have concluded illegal fund -raising, securities futures crimes, and money laundering in recent years.

He introduced that from 2017 to August 2022, the national courts concluded 60,200 criminal cases of illegal fund -raising first instance. A number of major illegal fund -raising cases such as "Fuxing".

"The resolute sentence of the re -sentence is resolutely sentenced in accordance with the law." Ma Yan mentioned that the average severe severely punishment rate of illegal fund -raising criminal cases was 19.99%. Rate. At the same time, the national courts used sufficient property punishment in accordance with the law, increased the punishment and enforcement of property, and strictly sanction criminals in terms of economics.

Ma Yan said that over the past five years, the national courts have concluded that 1,362 criminal cases of the first instance of money laundering were concluded; a total of 229 criminal cases were tried to manipulate securities, futures markets, insider transactions, and unintended information transactions. A number of major securities and futures criminal cases such as manipulating securities market cases "" Inceton Manipulating Futures Market Cases "and" Great Petrochemical Manipulation Futures Market Cases ".

Since April this year, the country has carried out special actions to crack down on pension fraud, focusing on blowing to provide "pension services", investing in "pension projects", selling "pension products", claiming "housing pension", acting "endowment insurance", carrying out development, development All kinds of pension fraud crimes are implemented in the name of "Pension Assistance".

Ma Yan mentioned that since the special operation, the national court has implemented nearly 3 billion yuan in property assets of pension fraud cases. As of September 16, the national court accepted a total of 2014 in criminal cases of pension fraud, of which 1,208 illegal fund -raising cases, 741 fraud cases, and 65 other types of cases; 1,540 cases were concluded in the first instance, 267 of 969 cases were concluded in the second trial. people. For major criminals who have caused serious economic losses and other serious consequences or cases of severe social impact cases, the resolutely sentenced to the judgment of the case in accordance with the law, and the criminal punishment rate of the case in the first instance reached 26.26%.

Three characteristics of financial crime presentation

Illegal fund -raising cases account for a large proportion

According to Zhu Erjun, the deputy president of the Supreme People's Court, from the trial of the trial in recent years, financial crime cases mainly have the following three new situations and new characteristics.

First, the number of cases is large, and the proportion of illegal fund -raising cases is large. The Second Army mentioned that the criminal cases of the first instance of financial crimes from 2017 to 2021 were 22,883, 20142, 21219, 21577, and 22,456. Among them, the number of illegal fund -raising cases is large and the proportion is large, with more than 5,000 per year, accounting for about 40%of all financial criminal cases. The financial crime situation is still severe.

The second is that the amount involved is large and the social harm is serious. He said that some major illegal fund -raising, manipulation of securities, and futures market crimes, the amount involved in the case was hundreds of millions of yuan, some of which were tens of billions of yuan, or even hundreds of billions of yuan, which caused serious harm to economic order and social life.

Third, criminal means are network, professional, and concealed. The second army said that in the past five years, the proportion of online illegal fund -raising cases accounted for about 20%of the total cases of the year, respectively, and the overall upward trend. Some criminals use corporate "assembly line operations" to use information technology advantages to manipulate securities and futures markets, and criminal methods are more networked and intelligent; some underground money -bearing money has a variety of money laundering methods, very hidden, and difficult to investigate and punish. The trial disposal work put forward higher requirements.

The people's court will do three aspects of the next three aspects

Ma Yan said that in the next step, the people's court will further increase the punishment of crime, and from the law to severely punish illegal fund -raising, manipulating securities, futures markets, insider trading, money laundering and other financial crimes, increase property punishment and execution, do a good job of doing well Case trials, property disposal and maintenance; further improve and improve the judicial policy system, formulate, modify and improve criminal judicial interpretations such as money laundering, fraudulent loans, loan fraud, insider transactions, leakage inside information; The communication and coordination of financial supervision and other departments, coordinated cooperation, improve the work system and mechanism, and form a combination of financial risks. In addition, Chen Xueyong, a senior judge of the Supreme People's Court, also introduced the introduction of judicial interpretation and judicial policies. He mentioned that the "Criminal Law Amendment (11)" made significant amendments to illegally absorbing public deposits, fund -raising fraud, fraudulent loans, fraud issuance of securities, and money laundering. arms.

Chen Xueyong introduced that the Supreme People's Court has also revised criminal judicial interpretations such as obstructing credit card management, illegal fund -raising, covering up criminal income, and income from criminal income. When criminal judicial interpretations, the "two highs and one" jointly formulated business guidance documents such as illegal fundraising, money laundering, and pension fraud.

Responsible editor: Gao Shuai | Review: Li Zhen | Director: Wan Junwei

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