Judicial interpretation of the crime of illegal lending: as for the crime of illegal lending, if the staff of a bank or other financial institution violates the laws and administrative regulations to grant loans to people other than the related parties, resulting in losses of more than 500000 to 1 million yuan, it can be identified as an illegal crime. Employees of banks or other financial institutions who issue loans in huge amounts or cause heavy losses in violation of State regulations. Any staff member of a bank or other financial institution who, in violation of State regulations, extends loans to related parties shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Legal basis
Article 186 of the Criminal Law of the People's Republic of China [Crime of illegally granting loans] Any staff member of a bank or other financial institution who, in violation of State regulations, grants loans, if the amount involved is huge or heavy losses are caused, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10000 yuan but not more than 100000 yuan; If the amount is especially huge or causes especially heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.
Any staff member of a bank or other financial institution who, in violation of State regulations, extends loans to related parties shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding two paragraphs.
The scope of related parties shall be determined in accordance with the Law of the People's Republic of China on Commercial Banks and relevant financial regulations.
