Notice on printing and distributing the provisions of the Ministry of public security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (2)

    Source: Official Website of the Ministry of public security

    On printing and distributing the Supreme People's Procuratorate   Ministry of public security

    On the standard of criminal case filing and prosecution under the jurisdiction of public security organs

    Notice of the provisions of (2)

    People's procuratorates and public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, military procuratorates of the PLA, people's procuratorates and public security bureaus of Xinjiang production and Construction Corps:

    The Supreme People's Procuratorate of the people's Republic of China serves the needs of the people's Republic of China in cracking down on criminal cases in accordance with the provisions of the people's Republic of China's criminal law and the Supreme People's Republic of China, to meet the needs of the people's Republic of China's criminal law in cracking down on criminal cases The Ministry of public security has studied and revised the provisions 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 organs (2), which has revised and improved the standards for filing and prosecuting some economic crime cases under the jurisdiction of public security organs. It is hereby printed and distributed to you for compliance. Public security organs at all levels shall file a case for investigation in accordance with this provision, and procuratorial organs at all levels shall examine and approve arrest and examine and prosecute in accordance with this provision. In our work, we should punish all kinds of economic crimes in accordance with the law, strictly standardize the fair and civilized law enforcement and justice, at the same time, we should seriously implement the criminal justice policy of less arrest, cautious prosecution and cautious custody, and the lenient system of confession and punishment, and constantly improve the standardization level and credibility of law enforcement.

    After the issuance of the notice, if the relevant judicial interpretation makes further explicit provisions on the filing and prosecution standards, the provisions of the relevant judicial interpretation shall be followed. Please report to the Supreme People's Procuratorate and the Ministry of public security of the people's Republic of China in a timely manner.

     

    Ministry of public security of the Supreme People's Procuratorate

    two thousand and twenty-two year four month six day

     

     

     

     

    Supreme People's Procuratorate   Ministry of public security

    On criminal cases under the jurisdiction of public security organs

    Provisions on the standard of filing a case for prosecution (2)

      

    Article 1    [case of helping terrorist activities (article 120-1, paragraph 1 of the criminal law)] Those who finance terrorist organizations or individuals who carry out terrorist activities or finance terrorist training shall file a case for prosecution.

    Article 2    [case of smuggling counterfeit currency (Article 151, paragraph 1 of the criminal law)] Smuggling of counterfeit currency, if suspected of any of the following circumstances, shall be filed for prosecution:

    (1) The total face value is more than 2000 yuan or the amount of coins is more than 200 pieces (pieces);

    (2) Having a total face value of more than 1000 yuan or a quantity of more than 100 pieces (pieces), and having received administrative punishment for smuggling counterfeit currency within two years, and smuggling counterfeit currency again;

    (3) Other cases of smuggling counterfeit currency shall be investigated for criminal responsibility.

    Article 3    [false report of registered capital (Article 158 of the criminal law)] In applying for company registration, a case shall be filed for prosecution if it uses false certification documents or other fraudulent means to falsely report the registered capital and deceive the company registration authority to obtain company registration

    (1) The minimum amount of legal registered capital is less than 6 million yuan, and the amount falsely reported accounts for more than 60% of the amount of capital contribution to be paid;

    (2) The minimum amount of legal registered capital exceeds 6 million yuan, and the amount falsely reported accounts for more than 30% of the amount of capital contribution to be paid;

    (3) Causing the cumulative amount of direct economic losses of investors or other creditors to be more than 500000 yuan;

    (4) Although it fails to meet the above-mentioned amount standard, it has one of the following circumstances:

    one Within two years, he has been subjected to more than two administrative punishments for falsely reporting the registered capital, and then falsely reporting the registered capital;

    two Offering bribes to the person in charge of company registration;

    three . registered for illegal activities.

    (5) Other circumstances with serious consequences or other serious circumstances.

    This article is only applicable to the company which has implemented the registration system of paid in registered capital according to law.

    Article 4    [case of false capital contribution and withdrawal of capital (Article 159 of the criminal law)] If the promoters or shareholders of a company violate the provisions of the company law by failing to pay money or material objects or transferring property rights, making false capital contributions, or withdrawing their capital contributions after the establishment of the company, they shall file a case for prosecution if they are suspected of any of the following circumstances:

    (1) The minimum amount of legal registered capital is less than 6 million yuan, and the amount of false capital contribution or capital withdrawn accounts for more than 60% of the amount of capital contribution due;

    (2) The minimum legal registered capital exceeds 6 million yuan, and the amount of false capital contribution or capital withdrawn accounts for more than 30% of the amount of capital contribution to be paid;

    (3) Causing the accumulated direct economic losses of the company, shareholders and creditors to be more than 500000 yuan;

    (4) In spite of any of the above circumstances, the amount does not meet the following criteria:

    one Causing the company to be insolvent or unable to operate normally;

    two The promoters and shareholders of the company conspire to make false capital contributions or withdraw their capital contributions;

    three Having been subjected to more than two administrative penalties for false capital contribution or withdrawal of capital contribution within two years, and then making false capital contribution or withdrawing capital contribution;

    four Using the funds obtained from false capital contribution or withdrawal of capital to conduct illegal activities.

    (5) Other circumstances with serious consequences or other serious circumstances.

    This article is only applicable to the company which has implemented the registration system of paid in registered capital according to law.

    Article 5    [fraudulent issuance of securities (Article 160 of the criminal law)] A case shall be filed for prosecution if it conceals important facts or fabricates major false contents in the prospectus, subscription forms, measures for raising company and enterprise bonds, and issues stocks or company, enterprise bonds, depository receipts or other securities recognized by the State Council according to law and is suspected of any of the following circumstances:

    (1) The amount of funds illegally raised is more than 10 million yuan;

    (2) The false increase or decrease of assets reaches more than 30% of the total assets of the current period;

    (3) False increase or decrease of business income reaching more than 30% of the total business income of the current period;

    (4) Falsely increasing or decreasing profits to more than 30% of the total profits of the current period;

    (5) The amount involved in a major lawsuit, arbitration, guarantee, related party transaction or other major matters concealed or fabricated, or the accumulated amount for 12 consecutive months has reached more than 50% of the net assets disclosed in the latest period;

    (6) The accumulated amount of direct economic losses of the investor is more than one million yuan;

    (7) Forging or altering official documents, effective certificates or relevant certificates or documents of state organs for the purpose of fraudulent issuance of securities;

    (8) Offering bribes to units or personnel responsible for financial supervision and management for fraudulent issuance of securities;

    (9) The funds raised are all or mainly used for illegal and criminal activities;

    (10) Or other serious consequences.

    Article 6    [case of illegal disclosure and non disclosure of important information (article 161 of the criminal law)] Where a company or enterprise that is liable for information disclosure according to law provides false financial and accounting reports or conceals important facts to shareholders and the public, or fails to disclose other important information that should be disclosed according to law, and is suspected of any of the following circumstances, it shall file a case for prosecution:

    (1) Causing the cumulative amount of direct economic losses of shareholders, creditors or other persons to be more than one million yuan;

    (2) The false increase or decrease of assets reaches more than 30% of the total assets disclosed in the current period;

    (3) False increase or decrease of business income reaching more than 30% of the total business income disclosed in the current period;

    (4) Falsely increasing or decreasing profits reaching more than 30% of the total profits disclosed in the current period;

    (5) The amount involved in the major litigation, arbitration, guarantee, related party transaction or other major matters not disclosed in accordance with the provisions or the accumulated amount for 12 consecutive months reaches more than 50% of the net assets disclosed in the latest period;

    (6) Causing a company or enterprise that does not meet the requirements of issuance to defraud the approval or registration of issuance and listing for trading;

    (7) Causing the shares issued by a company or an enterprise or its bonds, depository receipts or other securities recognized by the State Council to be terminated from listing;

    (8) Disclosing loss as profit or profit as loss in the company's financial report;

    (9) Repeatedly providing false financial and accounting reports or concealing important facts, or failing to disclose other important information that should be disclosed according to law for many times;

    (10) Other circumstances that seriously damage the interests of shareholders, creditors or other persons, or there are other serious circumstances.

    Article 7    [case of obstructing liquidation (Article 162 of the criminal law)] If a company or enterprise conceals its property during liquidation, makes false records in the balance sheet or inventory of property, or distributes the property of the company or enterprise before paying off its debts, the case shall be filed for prosecution:

    (1) The value of the concealed property is more than 500000 yuan;

    (2) Making false records in the balance sheet or inventory of property involving an amount of more than 500000 yuan;

    (3) The value of the company's property of more than 500000 yuan before it is paid off;

    (4) The accumulated amount of direct economic losses caused to creditors or other persons is more than 100000 yuan;

    (5) The wages, social insurance expenses and legal compensations of the employees who should be paid off are not paid off in time, thus causing bad social impact;

    (6) Other circumstances that seriously damage the interests of creditors or other persons.

    Article 8    [concealment or intentional destruction of accounting documents, account books and financial accounting reports (article 162-1 of the criminal law)] In case of concealment or intentional destruction of accounting documents, account books and financial accounting reports that should be kept in accordance with the law, a case shall be filed for prosecution if it is suspected of any of the following circumstances:

    (1) Concealing or intentionally destroying accounting documents, account books and financial accounting reports involving an amount of more than 500000 yuan;

    (2) Concealing, intentionally destroying or refusing to hand over accounting documents, account books or financial accounting reports that should be provided to supervisory organs, judicial organs, administrative organs and relevant competent departments according to law;

    (3) Other serious circumstances.

    Article 9    [false bankruptcy case (Article 162 bis of criminal law)] If a company or enterprise carries out false bankruptcy by concealing property, undertaking fictitious debts or transferring or disposing property by other means, it shall file a case for prosecution if it is suspected of any of the following circumstances:

    (1) The value of the concealed property is more than 500000 yuan;

    (2) Undertaking fictitious debts involving an amount of more than 500000 yuan;

    (3) Transferring or disposing of property with a value of more than 500000 yuan by other means;

    (4) The accumulated amount of direct economic losses caused to creditors or other persons is more than 100000 yuan;

    (5) The wages, social insurance expenses and legal compensations of the employees who should be paid off are not paid off in time, thus causing bad social impact;

    (6) Other circumstances that seriously damage the interests of creditors or other persons.

    Article 10    [bribery case of non state functionaries (Article 163 of the criminal law)] Any staff member of a company, enterprise or other unit who, by taking advantage of his position, extorts money or property from others or illegally accepts others' property to seek benefits for others, or, in economic exchanges, takes advantage of his position and, in violation of state regulations, accepts various kinds of kickbacks and service charges in various names and belongs to the individual. If the amount is more than 30000 yuan, a case shall be filed for prosecution.

    Article 11    [bribery of non state functionaries (Article 164, paragraph 1 of the criminal law)] If, in order to seek illegitimate benefits, property is given to the staff of a company, enterprise or other unit, and the amount of bribe offered by an individual is more than 30000 yuan and that of a unit is more than 200000 yuan, a case shall be filed for prosecution.

    Article 12    (bribery of foreign public officials and officials of public international organizations (Article 164, paragraph 2 of the criminal law) ) In order to seek illegitimate commercial interests, those who give money or property to foreign public officials or officials of public international organizations and whose bribes are more than 30000 yuan by individuals or 200000 yuan by units shall be filed for prosecution.

    Article 13    [case of breach of trust damaging the interests of listed companies (article 169-1 of the criminal law)] Where a director, supervisor or senior manager of a listed company violates his duty of loyalty to the company, manipulates the listed company to engage in acts damaging the interests of the listed company by taking advantage of his position, or the controlling shareholder or actual controller of the listed company instructs the director, supervisor or senior manager of the listed company to commit any act damaging the interests of the listed company and is suspected of any of the following circumstances:, It should be filed for prosecution

    (1) Providing funds, commodities, services or other assets to other units or individuals without compensation, resulting in direct economic losses of more than 1.5 million yuan to the listed company;

    (2) Providing or accepting funds, commodities, services or other assets under obviously unfair conditions, resulting in direct economic losses of more than 1.5 million yuan of the listed company;

    (3) Providing funds, commodities, services or other assets to units or individuals that are obviously not solvent, resulting in direct economic losses of more than 1.5 million yuan of the listed company;

    (4) Providing guarantee for units or individuals that are obviously unable to pay off debts, or providing guarantees for other units or individuals without justifiable reasons, resulting in direct economic losses of more than 1.5 million yuan of the listed company;

    (5) Abandoning creditor's rights or assuming debts without justifiable reasons, resulting in direct economic losses of more than 1.5 million yuan of the listed company;

    (6) The securities issued by the State Council or the securities deposited by the company or other enterprises recognized by the State Council to be listed or terminated according to law;

    (7) Other circumstances that cause the listed company to suffer heavy losses.

    Article 14    [counterfeit currency case (Article 170 of the criminal law)] Counterfeiting of currency, if suspected of any of the following circumstances, shall be filed for prosecution:

    (1) The total face value is more than 2000 yuan or the amount of coins is more than 200 pieces (pieces);

    (2) If the total face value is more than 1000 yuan or the amount of money is more than 100 pieces (pieces), and has received administrative punishment for counterfeiting currency within two years, and counterfeits money again;

    (3) Manufacturing currency templates or providing templates for others to forge currencies;

    (4) Other cases of counterfeiting currency shall be investigated for criminal responsibility.

    Article 15    Case of selling, purchasing and transporting counterfeit currency (article 171, paragraph 1 of the criminal law) A case shall be filed for prosecution if it is suspected of any of the following circumstances when selling or purchasing counterfeit currency or transporting it knowingly:

    (1) The total denomination is more than 4000 yuan or the amount of coins is more than 400 pieces;

    (2) If the total face value is more than 2000 yuan or the amount of currency is more than 200 pieces (pieces), and administrative punishment has been imposed for selling, purchasing or transporting counterfeit currency within two years, and selling, purchasing or transporting counterfeit currency again;

    (3) Other circumstances in which criminal responsibility shall be investigated for selling, purchasing or transporting counterfeit currency.

    In addition to the amount of counterfeit currency seized at the time of selling counterfeit currency, the amount of counterfeit currency seized in the actor's residence or other hiding place outside the scene shall also be recognized as the amount of counterfeit currency sold.

    Article 16    [case of financial staff purchasing counterfeit currency or exchanging counterfeit currency for currency (article 171, paragraph 2 of the criminal law)] If a staff member of a bank or other financial institution purchases counterfeit currency or takes advantage of his position to exchange counterfeit currency for currency, and the total face value is more than 2000 yuan or the amount of currency is more than 200 pieces (pieces), a case shall be filed for prosecution.

    Article 17    [case of holding or using counterfeit currency (article 172 of the criminal law)] If a person knowingly holds or is suspected of counterfeiting, the case shall be prosecuted:

    (1) The total denomination is more than 4000 yuan or the amount of coins is more than 400 pieces;

    (2) Having a total face value of more than 2000 yuan or a quantity of more than 200 pieces (pieces), and having received administrative punishment for holding or using counterfeit currency within two years, and holding or using counterfeit currency again;

    (3) Other circumstances that hold or use counterfeit currency shall be investigated for criminal responsibility.

    Article 18    [case of altering currency (article 173 of the criminal law)] If the alteration of currency is suspected of any of the following circumstances, a case shall be filed for prosecution:

    (1) The total face value is more than 2000 yuan or the amount of coins is more than 200 pieces (pieces);

    (2) If the total face value is more than 1000 yuan or the amount of coins is more than 100 pieces, and he has been subjected to administrative punishment for altering currency within two years, and has changed money again;

    (3) Other circumstances in which criminal responsibility shall be investigated for altering currency.

    Article 19    [case of establishing financial institutions without authorization (article 174, paragraph 1 of the criminal law)] If a financial institution is established without the approval of the relevant competent department of the state and is suspected of any of the following circumstances, a case shall be filed for prosecution:

    (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    [forgery, alteration and transfer of business license and approval documents of financial institutions (paragraph 2, article 174 of the criminal law)] Anyone who forges, alters or transfers the business license or approval document of a commercial bank, stock exchange, futures exchange, securities company, futures company, insurance company or other financial institution shall file a case for prosecution.

    Article 21    [usury transfer case (Article 175 of the criminal law)] If the amount is more than 500, 000 yuan, it is necessary to file a lawsuit against other financial institutions for obtaining profits.

    Article 22    [fraud of loans, acceptance of bills and financial bills (article 175-1 of the criminal law)] If a bank or other financial institution obtains loans, acceptance of bills, letter of credit, or letter of guarantee by deception, which causes direct economic losses of more than 500000 yuan to the bank or other financial institutions, the case shall be filed for prosecution.

    Article 23    [case of illegal absorption of public deposits (article 176 of the criminal law)] Illegal absorption of public deposits or disguised absorption of public deposits, which disturbs the financial order, and is suspected of any of the following circumstances, shall be filed for prosecution:

    (1) Illegal or disguised absorption of public deposits of more than one million yuan;

    (2) Illegal or disguised absorption of more than 150 deposit objects from the public;

    (3) Illegal absorption or disguised absorption of public deposits, resulting in direct economic losses of more than 500000 yuan to fund-raising participants;

    If the amount of public deposits illegally or in disguised form is more than 500000 yuan, or the amount of direct economic losses caused to fund-raising participants is more than 250000 yuan, and is suspected of any of the following circumstances, a case shall be filed for prosecution:

    (1) Those who have been prosecuted for illegal fund-raising;

    (2) Having been subjected to administrative punishment for illegal fund-raising within two years;

    (3) Causing adverse social impact or other serious consequences.

    Article 24    [case of forging or altering financial bills (article 177 of the criminal law)] If the forgery or alteration of financial bills is suspected of any of the following circumstances, a case shall be filed for prosecution:

    (1) Forging or altering bills of exchange, promissory notes, cheques, or other bank settlement certificates such as entrusted collection certificates, remittance certificates, bank deposit receipts, etc., or forging or altering letters of credit or accompanying documents and documents, with a total face value of more than 10000 yuan or a quantity of more than 10 pieces;

    (2) Forging more than one credit card or forging more than ten blank credit cards.

    Article 25    Article 177 (1) Those who obstruct the management of credit cards and are suspected of any of the following circumstances shall be filed for prosecution:

    (1) Knowingly holding and transporting counterfeit credit cards;

    (2) Holding or transporting forged blank credit cards with a cumulative number of more than 10;

    (3) Illegally holding more than five credit cards of others;

    (4) Fraudulently obtaining a credit card by using a false identity card;

    (5) Selling, purchasing or providing a forged credit card or a credit card obtained by cheating with a false identity certificate.

    Anyone who, against the will of others, applies for a credit card by using his or her resident ID card, officer's card, soldier's card, Hong Kong and Macao residents' pass to and from the mainland, Taiwan residents' mainland travel pass, passport, etc., or applies for a credit card by using forged or altered identity certificates, it shall be deemed as Using false identification to defraud credit card

    Article 26    [theft, purchase and illegal provision of credit card information (article 177-1, paragraph 2 of the criminal law)] Anyone who steals, bribes or illegally provides other people's credit card information, which is sufficient to forge a credit card that can be transacted, or to enable another person to conduct transactions in the name of the credit card holder, involving more than one credit card, shall be filed for prosecution.

    Article 27    [case of forgery or alteration of State Securities (Article 178, paragraph 1 of the criminal law)] Anyone who forges or alters treasury bonds or other securities issued by the state with a total face value of more than 2000 yuan shall file a case for prosecution.

    Article 28    [forgery or alteration of stocks, company and enterprise bonds (paragraph 2, Article 178 of the criminal law)] Anyone who forges or alters stocks or company or enterprise bonds with a total face value of more than 30000 yuan shall file a case for prosecution.

    Article 29    Article 79 of the criminal law of the people's Republic of China A case shall be filed for prosecution if it issues stocks or bonds of a company or enterprise without approval or registration of the relevant competent department of the state and is suspected of any of the following circumstances:

    (1) The amount of funds illegally raised is more than one million yuan;

    (2) The accumulated amount of direct economic losses of the investor is more than 500000 yuan;

    (3) The funds raised are all or mainly used for illegal and criminal activities;

    (4) Other circumstances with serious consequences or other serious circumstances.

    The Issue stocks or corporate or enterprise bonds without authorization It refers to the act of issuing stocks or corporate bonds in disguised form to non-specific objects of the society, by means of equity transfer, or by issuing stocks or corporate bonds in disguised form to specific objects, with an accumulative total of more than 200 people.

    Article 30    [case of insider trading and disclosure of inside information (Article 180, paragraph 1, criminal law)] The persons or units who have the inside information of securities and futures trading or those who illegally obtain the inside information of securities and futures trading buy or sell the securities or engage in the futures trading related to the inside information before the information involving the issuance of securities, securities and futures trading or other information that has a significant impact on the trading prices of securities and futures has not been made public, Or divulging the information, or explicitly or implying others to engage in the above-mentioned trading activities, and suspected of one of the following circumstances, shall file a case for prosecution:

    (1) The amount of profit or loss avoided is more than 500000 yuan;

    (2) The turnover of securities trading is more than 2 million yuan;

    (3) The amount of margin occupied by futures trading is more than one million yuan;

    (4) Conducting insider trading or disclosing inside information three times or more within two years;

    (5) Express or imply that more than three persons are engaged in Securities and futures trading activities related to inside information;

    (6) Having other serious circumstances.

    If the amount of margin transaction is more than RMB 200000, or the amount of securities trading is suspected to be more than RMB 500000, or the amount of securities trading is suspected to be more than RMB 500000, or the amount of the following securities trading shall be avoided:

    (1) The insider of the inside information of securities trading as stipulated in the securities law implements or carries out the insider trading together with others;

    (2) Express or imply others to engage in trading activities related to the inside information by selling or selling in disguised form the inside information;

    (3) Those who have been criminally investigated for securities or futures crimes;

    (4) Having been subjected to administrative punishment for illegal acts of securities and futures within two years;

    (5) Causing other serious consequences.

    Article 31    [case of trading with undisclosed information (Article 180, paragraph 4, criminal law)] Employees of financial institutions such as stock exchanges, futures exchanges, securities companies, futures companies, fund management companies, commercial banks, insurance companies and other financial institutions, as well as the staff of relevant regulatory departments or industry associations, violate regulations by using unpublished information other than inside information obtained due to their positions If futures trading activities, or express or imply others to engage in related trading activities, are suspected of any of the following circumstances, a case shall be filed for prosecution:

    (1) The amount of profit or loss avoided is more than one million yuan;

    (2) Trading with undisclosed information more than three times in two years;

    (3) Express or imply that more than three persons are engaged in relevant trading activities;

    (4) Having other serious circumstances.

    If the amount of profit or loss avoided by using unpublished information is more than 500000 yuan, or the turnover of securities transaction is more than 5 million yuan, or the amount of margin occupied by futures trading is more than 1 million yuan, and it is suspected of any of the following circumstances, a case shall be filed for prosecution:

    (1) Express or imply others to engage in relevant trading activities by selling or selling undisclosed information in disguise or other ways;

    (2) Those who have been criminally investigated for securities or futures crimes;

    (3) Having been subjected to administrative punishment for illegal acts of securities and futures within two years;

    (4) Causing other serious consequences.

    Article 32    Article 81 of the criminal law on securities trading Those who fabricate and disseminate false information affecting securities and futures trading and disrupt the securities and futures trading market shall file a case for prosecution if they are suspected of any of the following circumstances:

    (1) The amount of profit or loss avoided is more than 50000 yuan;

    (2) The amount of direct economic loss of the investor is more than 500000 yuan;

    (3) Although it fails to meet the above-mentioned amount standard, it fabricates and spreads false information affecting securities and futures trading for many times;

    (4) Causing abnormal fluctuation of trading price or trading volume;

    (5) Causing other serious consequences.

    Article 33    [case of luring investors into buying and selling securities and futures contracts (Article 181, paragraph 2 of the criminal law)] Any employee of a stock exchange, futures exchange, securities company or futures company, or any staff member of the Securities Association, futures association or securities and futures regulatory department, who intentionally provides false information or forges, alters or destroys transaction records to induce investors to buy or sell securities or futures contracts and is suspected of any of the following circumstances, shall file a case for prosecution:

    (1) The amount of profit or loss avoided is more than 50000 yuan;

    (2) The amount of direct economic loss of the investor is more than 500000 yuan;

    (3) Although it fails to meet the above-mentioned amount standard, but repeatedly lures investors to buy and sell securities or futures contracts;

    (4) Causing abnormal fluctuation of trading price or trading volume;

    (5) Causing other serious consequences.

    Article 34    [case of manipulation of securities and Futures Markets (Article 182 of the criminal law)] If the securities and futures market is manipulated to affect the trading price or volume of securities and futures, and is suspected of any of the following circumstances, a case shall be filed for prosecution:

    (1) Holding or actually controlling the number of shares in circulation of the securities reaching more than 10% of the total amount of the stocks actually in circulation, and carrying out the act of manipulating the securities market as set forth in paragraph 1 of Article 182 of the criminal law, and the cumulative trading volume for ten consecutive trading days has reached more than 20% of the total trading volume of the securities in the same period;

    (2) If the total trading volume of the securities market in the same period exceeds 12% of the total trading volume in the same period as mentioned in Article 20 of the criminal law, the cumulative trading volume of the securities market in the same period reaches 12% or more;

    (3) Using false or uncertain material information to induce investors to engage in securities trading, and the transaction amount of relevant securities transactions by the actor is more than 10 million yuan;

    (4) Making public evaluation, prediction or investment suggestions to securities or securities issuers, and conducting reverse securities trading at the same time, with a turnover of more than 10 million yuan;

    (5) Mislead investors to make investment decisions, conduct relevant transactions or seek relevant interests through planning and implementing false major matters such as asset acquisition or reorganization, investment in new business, equity transfer, acquisition of listed companies, etc., and the transaction volume of securities transaction is more than 10 million yuan;

    (6) Mislead investors to make investment decisions by controlling the generation of information of issuers and listed companies, or controlling the content, time point and rhythm of information disclosure, and conduct relevant transactions or seek relevant interests, and the transaction volume of securities transaction is more than 10 million yuan;

    (7) Carrying out the act of manipulating the futures market in Item 1, paragraph 1, Article 182 of the criminal law, the maximum value of the consolidated positions of the accounts under actual control for 10 consecutive trading days exceeds twice the limit of the futures exchange, the cumulative trading volume reaches more than 20% of the total volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan;

    (8) By hoarding spot goods, affecting the market situation of specific futures varieties, and conducting relevant futures trading, the maximum value of consolidated positions of accounts under actual control for ten consecutive trading days exceeded twice the limit standard of the futures exchange, and the cumulative trading volume reached more than 20% of the total 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) Carrying out the act of manipulating the futures market in Items 2 and 3 of paragraph 1 of Article 182 of the criminal law, and the accumulated trading volume of the account under actual control for 10 consecutive trading days reaches more than 20% of the total 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 conduct futures trading, and the actor conducts relevant futures trading, and the accumulated trading volume of the account under actual control for ten consecutive trading days reaches more than 20% of the total volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan;

    (11) Make evaluation, forecast or investment suggestions on the disclosure of the subject matter of futures trading, and carry out relevant futures trading at the same time, and the accumulated trading volume of the account under actual control for ten consecutive trading days reaches more than 20% of the total volume of the futures contract in the same period, and the amount of guaranty money occupied by the futures transaction is more than 5 million yuan;

    (12) Not for the purpose of transaction, frequently or in large quantities declare the purchase or sale of securities or futures contracts, and cancel the declaration, and the cumulative withdrawal amount on the same day reaches more than 50% of the total declared volume of the securities and futures contracts in the same period, and the amount of securities withdrawn is more than 10 million yuan, and the amount of margin occupied by the futures contract withdrawn is more than 5 million yuan;

    (13) Manipulating the securities and futures markets to gain or avoid losses of more than one million yuan.

    Those who manipulate the securities and futures market, affect the price of securities and futures trading or the volume of securities and futures transactions, make profits or avoid losses of more than 500000 yuan, and are suspected of any of the following circumstances, shall file a case for prosecution:

    (1) An issuer, a listed company and its directors, supervisors, senior managers, controlling shareholders or actual controllers who manipulate the securities and futures markets;

    (2) The purchaser, the other party of the material assets reorganization and its directors, supervisors, senior managers, controlling shareholders or actual controllers who manipulate the securities and futures markets;

    (3) The perpetrator continues to carry out the acts of manipulating the securities and futures markets, knowing that they have been investigated by the relevant departments;

    (4) Those who have been investigated for criminal investigation for Manipulating Securities and futures markets;

    (5) Having been subjected to administrative punishment for manipulating the securities and futures markets within two years;

    (6) Abnormal volatility of the securities market and manipulation of the futures market;

    (7) Causing other serious consequences.

    The provisions of this article shall be applied mutatis mutandis to those who manipulate the securities market in the national share transfer system of small and medium-sized enterprises, which causes great social harm and seriously damages the fair and just market order, with the exception of items 1 and 2 of paragraph 1 of this article.

    Article 35    [case of using entrusted property in breach of trust (article 185-1, paragraph 1 of the criminal law)] Commercial banks, stock exchanges, futures exchanges, securities companies, futures companies, insurance companies or other financial institutions, in violation of their fiduciary obligations, use clients' funds or other entrusted or trust property without authorization and are suspected of any of the following circumstances, shall file a case for prosecution:

    (1) Unauthorized use of client's funds or other entrusted or trust property with an amount of more than 300000 yuan;

    (2) Using clients' funds or other entrusted or trust properties for many times without authorization, or using multiple clients' funds or other entrusted or trust properties without authorization, although the above-mentioned amount standards are not met;

    (3) Other serious circumstances.

    Article 36    [case of illegal use of funds (article 185-1, paragraph 2 of the criminal law)] Social security fund management institutions, housing provident fund management institutions and other public fund management institutions, as well as insurance companies, insurance asset management companies and securities investment fund management companies, who use funds in violation of state regulations and are suspected of any of the following circumstances, shall file a case for prosecution:

    (1) Using funds of more than 300000 yuan in violation of state regulations;

    (2) Although it fails to meet the above-mentioned amount standard, it repeatedly violates State regulations in using funds;

    (3) Other serious circumstances.

    Article 37    [case of illegally granting loans (Article 186 of the criminal law)] If a bank or other financial institution or its staff member, in violation of state regulations, extends loans and is suspected of any of the following circumstances, it shall file a case for prosecution:

    (1) Illegally granting loans with an amount of more than 2 million yuan;

    (2) If the amount of loans is more than 500000 yuan, the amount of illegal loans is more than 500000 yuan.

    Article 38    [the case of absorbing clients' funds but not entering them into accounts (Article 187 of the criminal law)] If a bank or any other financial institution or its staff member fails to record the client's funds into the account book and is suspected of any of the following circumstances, it shall file a case for prosecution:

    (1) The amount of funds absorbed by clients is more than 2 million yuan and is not recorded in the account book;

    (2) The amount of direct economic loss caused by absorbing clients' funds is more than 500000 yuan.

    Article 39    [case of issuing financial bills in violation of regulations (Article 188 of the criminal law)] If a bank or other financial institution or its staff member, in violation of regulations, issues a letter of credit or other letter of guarantee, bill of deposit, certificate of credit for another person, and is suspected of any of the following circumstances, it shall file a case for prosecution:

    (1) Issuing a letter of credit or other letter of guarantee, bill of deposit, certificate of credit for another person in violation of regulations, with the amount of more than 2 million yuan;

    (2) Issuing letters of credit or other letters of guarantee, bills of deposit, certificates of credit for others in violation of regulations, resulting in direct economic losses of more than 500000 yuan;

    (3) Issuing letters of credit or other letters of guarantee, bills of deposit, certificates of credit in violation of regulations for many times;

    (4) Accepting bribes and issuing letters of credit or other letters of guarantee, bills of deposit, certificates of credit in violation of regulations;

    (5) Other serious circumstances.

    Article 40    [acceptance, payment and guarantee of illegal bills (Article 189 of the criminal law)] If a bank or any other financial institution or its staff member accepts, pays or guarantees a bill in violation of the provisions of the negotiable instruments law in the course of bill business, resulting in a direct economic loss of more than 500000 yuan, it shall file a case for prosecution.

    Article 41    [case of Foreign Exchange Evasion (article 190 of the criminal law)] If a company, enterprise or other unit, in violation of state regulations, deposits foreign exchange abroad without authorization, or illegally transfers foreign exchange from China to overseas, with a single amount of more than 2 million US dollars or an accumulated amount of more than 5 million US dollars, 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 crimes of fraudulent purchase, evasion and illegal trading of foreign exchange] If the amount is more than 500000 US dollars, a case of fraud shall be filed.

    Article 43    Money laundering case (Article 191 of the criminal law) For the purpose of concealing or concealing the source and nature of the proceeds derived from drug-related crimes, organized crimes of underworld nature, terrorist activities crimes, smuggling crimes, corruption and bribery crimes, crimes of disrupting the order of financial management, and financial fraud crimes, and the sources and nature of the proceeds derived therefrom, those who are suspected of any of the following circumstances shall be filed for prosecution:

    (1) Providing capital account;

    (2) Converting property into cash, financial instruments or negotiable securities;

    (3) Transferring funds through transfer or other payment and settlement methods;

    (4) Cross border transfer of assets;

    (5) Concealing or concealing the source and nature of the criminal gains and their proceeds by other means.

    Article 44    [fraud case of fund raising (article 192 of the criminal law)] For the purpose of illegal possession, if the amount is more than 100000 yuan, the case shall be filed for prosecution.

    Article 45    Loan fraud (Article 193 of the criminal law) Those who defraud banks or other financial institutions with loans of more than 50000 yuan for the purpose of illegal possession shall file a case for prosecution.

    Article 46    [bill fraud case (article 194, paragraph 1 of the criminal law)] If the amount of fraud in financial instruments is more than 50000 yuan, a case shall be filed for prosecution.

    Article 47    [financial certificate fraud case (article 194, paragraph 2 of the criminal law)] If the amount of fraud is more than 50000 yuan, the case shall be filed for prosecution.

    Article 48    Letter of credit fraud (article 195 of the criminal law) In case of any of the following circumstances, a case shall be filed for prosecution:

    (1) Using forged or altered L / C or attached documents or documents;

    (2) Using an invalid letter of credit;

    (3) Obtaining letter of credit by fraud;

    (4) Using other methods to defraud L / C.

    Article 49    [credit card fraud case (Article 196 of the criminal law)] If a credit card fraud is suspected of any of the following circumstances, a case shall be filed for prosecution:

    (1) Using a forged credit card, a credit card obtained by deception with a false identity certificate, an invalid credit card or using another person's credit card to defraud, with the amount of more than 5000 yuan;

    (2) Malicious overdraft with an amount of more than 50000 yuan.

    The malicious overdraft It refers to that the cardholder, for the purpose of illegal possession, overdrafts beyond the prescribed limit or within the prescribed period, and fails to return it after two effective collection by the issuing bank.

    The amount of malicious overdraft refers to the actual amount of overdraft principal that has not been returned at the time of filing a criminal case by the public security organ. It does not include the fees charged by the issuing bank such as interest, compound interest, overdue fine and handling fee. The amount returned or paid shall be recognized as the repayment of the actual overdraft principal.

    In case of malicious overdraft, if the amount of overdraft is more than 50000 yuan but less than 500000 yuan, it shall be returned in full before public prosecution is initiated, or if there are other minor circumstances, no prosecution may be initiated. However, those who have been punished twice or more due to credit card fraud are excluded.

    Article 50    [securities fraud case (article 197 of the criminal law)] If the amount of fraud is more than 50000 yuan by using forged or altered Treasury bills or other securities issued by the state, a case shall be filed for prosecution.

    Article 51    Insurance fraud (Article 198 of the criminal law) If the amount of insurance fraud is more than 50000 yuan, a case shall be filed for prosecution.

    Article 52    [tax evasion case (Article 201 of the criminal law)] Those who evade paying taxes and are suspected of one of the following circumstances shall file a case for prosecution:

    (1) A taxpayer who evades paying taxes by cheating or concealing false tax returns or fails to declare and evades payment of taxes, with an amount of more than 100000 yuan and accounting for more than 10% of the total amount of tax payable of various types of taxes, fails to make up the tax payable, pay overdue fine or accept administrative penalty after the tax authorities issue a notice of recovery according to law;

    (2) A taxpayer who, within five years, has been subjected to criminal punishment or has been given administrative punishment twice or more by the tax authorities for evading payment of tax, and has evaded paying tax again, the amount of which is more than 100000 yuan and accounts for more than 10% of the total amount of tax payable in various types of taxes;

    (3) A withholding agent who, by deception or concealment, fails to pay or underpays the amount of tax withheld or collected, in the amount of more than 100000 yuan.

    If a taxpayer, after filing a case with the public security organ, makes up the tax payable, pays the overdue fine or accepts administrative punishment, the investigation of criminal responsibility shall not be affected.

    Article 53    [anti tax case (article 202 of the criminal law)] Those who refuse to pay taxes by means of violence or threat and are suspected of one of the following circumstances shall file a case for prosecution:

    (1) Causing minor injury or more to tax personnel;

    (2) Refusing to pay taxes with the threat of causing damage to the life, health and property of tax officials and their relatives and friends;

    (3) Gathering people to resist paying taxes;

    (4) Other methods of refusing to pay taxes or threatening to pay taxes.

    Article 54    [case of evading the recovery of tax arrears (article 203 of the criminal law)] If a taxpayer fails to pay the tax due and takes the means of transferring or concealing his property, thus making it impossible for the tax authorities to recover the overdue tax, and if the amount is more than 10000 yuan, the case shall be filed for prosecution.

    Article 55    [case of defrauding export tax refund (Article 204 of the criminal law)] If the amount of tax refund for export is more than 100000 yuan, a case shall be filed for prosecution.

    Article 56    [a case of falsely issuing special VAT invoices, using them to defraud export tax rebates and tax deduction invoices (Article 205 of the criminal law)] If a special invoice for value-added tax is falsely issued or other invoices are falsely issued to defraud export tax refund or tax deduction, and the amount of tax falsely made out is more than 100000 yuan or the amount of state tax loss is more than 50000 yuan, a case shall be filed for prosecution.

    Article 57    [false invoice ( Article 205-1 of the criminal law ) A case shall be filed for prosecution if it is suspected of any of the following circumstances by falsely issuing invoices other than those stipulated in Article 205 of the criminal law:

    (1) The accumulated amount of false invoice is more than 500000 yuan;

    (2) Falsely making out more than 100 copies of invoices with a face value of more than 300000 yuan;

    (3) Those who, within five years, have been subjected to criminal punishment or two or more administrative punishments for falsely making out invoices, and have falsely made out invoices, and the amount has reached more than 60% of the standards in Items 1 and 2.

    Article 58    [forgery and sale of forged VAT invoices (article 206 of the criminal law)] In case of any of the following circumstances, the case of counterfeiting or selling special invoices shall be prosecuted:

    (1) The cumulative amount of face tax is more than 100000 yuan;

    (2) Forging or selling more than ten forged special VAT invoices with a face tax of more than 60000 yuan;

    (3) The amount of illegal profit is more than 10000 yuan.

    Article 59    [illegal sale of special VAT invoice (Article 207 of criminal law)] Illegal sale of special VAT invoices, suspected of any of the following circumstances, shall be filed for prosecution:

    (1) The cumulative amount of face tax is more than 100000 yuan;

    (2) Illegally selling more than ten special VAT invoices with a face tax of more than 60000 yuan;

    (3) The amount of illegal profit is more than 10000 yuan.

    Article 60    [case of illegal purchase of special VAT invoice and purchase of forged VAT invoice (paragraph 1 of Article 208 of criminal law)] Illegal purchase of special VAT invoice or purchase of forged VAT invoice, suspected of any of the following circumstances, shall be filed for prosecution:

    (1) Illegally purchasing special VAT invoices or purchasing more than 20 forged VAT invoices with a face tax of more than 100000 yuan;

    (2) The amount of face tax accumulated is more than 200000 yuan.

    Article 61    [case of illegally manufacturing and selling illegally manufactured invoices used for defrauding export tax refund and tax deduction (paragraph 1, article 209 of the criminal law)] Anyone who forges, manufactures or sells other forged or unauthorized invoices used to defraud export tax refund or tax deduction shall file a case for prosecution if it is suspected of any of the following circumstances:

    (1) The cumulative amount of tax refundable or deductible on paper is more than 100000 yuan;

    (2) More than ten copies of tax refund invoices, forged or manufactured without authorization, can be deducted;

    (3) The amount of illegal profit is more than 10000 yuan.

    Article 62    [case of illegally manufacturing and selling illegally manufactured invoices (paragraph 2, article 209 of the criminal law)] Those who forge, manufacture or sell other forged or unauthorized invoices that do not have the function of defrauding export tax refund or tax deduction shall file a case for prosecution if they are suspected of any of the following circumstances:

    (1) Forging, manufacturing without authorization or selling more than 100 copies of other invoices that are not capable of defrauding export tax refund or tax deduction, and whose face value is more than 300000 yuan;

    (2) The total face value is more than 500000 yuan;

    (3) The amount of illegal profit is more than 10000 yuan.

    Article 63    [case of illegal sale of invoices used to defraud export tax refund and tax deduction (paragraph 3, article 209 of the criminal law)] Illegal sale of other invoices that can be used to defraud export tax refund and tax deduction shall be filed for prosecution if it is suspected of any of the following circumstances:

    (1) The cumulative amount of tax refundable or deductible on paper is more than 100000 yuan;

    (2) Illegally selling more than 10 copies of other invoices used to defraud export tax refund or tax deduction, and the face value of which can be refunded or deducted is more than 60000 yuan;

    (3) The amount of illegal profit is more than 10000 yuan.

    Article 64    [illegal sale of invoices (article 209, paragraph 4 of the criminal law)] Illegal sale of invoices other than special value-added tax invoices or other invoices used to defraud export tax rebates or tax deduction shall be filed for prosecution in case of any of the following circumstances:

    (1) Illegally selling more than 100 invoices other than special VAT invoices or other invoices used to defraud export refund or tax deduction, and the cumulative face value of the invoices is more than 300000 yuan;

    (2) The total face value is more than 500000 yuan;

    (3) The amount of illegal profit is more than 10000 yuan.

    Article 65    (case of holding forged invoice (article 210-1 of criminal law) ) If he knowingly holds a forged invoice and is suspected of any of the following circumstances, he shall file a case for prosecution:

    (1) Holding more than 50 copies of forged special VAT invoices or other invoices that can be used to defraud export tax refund or tax deduction, and the cumulative amount of face tax is more than 250000 yuan;

    (2) Holding forged special value-added tax invoices or other invoices that can be used to defraud export tax rebates or tax deductions, with a cumulative face tax amount of more than 500000 yuan;

    (3) Holding more than 100 copies of forged invoices other than those specified in the first paragraph and the face value of which is more than 500000 yuan;

    (4) Holding forged invoices other than those specified in the first paragraph with an accumulated face value of more than one million yuan.

    Article 66    Case of damaging commercial reputation and commodity reputation (article 221 of criminal law) Anyone who fabricates and spreads false facts to damage the commercial reputation and commodity reputation of others and is suspected of any of the following circumstances shall be filed for prosecution:

    (1) Causing direct economic losses of more than 500000 yuan to others;

    (2) Failing to meet the above-mentioned amount standard, but causing the company, enterprise and other units to suspend business or stop production for more than six months, or go bankrupt;

    (3) Other circumstances causing heavy losses to others or other serious circumstances.

    Article 67    [false advertisement case (Article 222 of criminal law)] If an advertiser, advertising agent or advertisement publisher, in violation of the provisions of the state, uses advertisements to publicize goods or services falsely and is suspected of any of the following circumstances, it shall file a case for prosecution:

    (1) The amount of illegal income is more than 100000 yuan;

    (2) In the name of prevention and control of emergencies and prevention and control of infectious diseases, using advertisements to make false propaganda, causing many people to be deceived, and the amount of illegal income is more than 30000 yuan;

    (3) If the amount of illegal advertising is more than 30000 yuan, the amount of illegal advertising is more than 30000 yuan;

    (4) Those who fail to meet the above-mentioned amount standard, but have been punished twice or more by using advertisements for false publicity within two years, and then use advertisements to make false propaganda;

    (5) Causing serious harmful consequences or adverse social effects;

    (6) Other serious circumstances.

    Article 68    [collusion in bidding (article 223 of the criminal law)] If the bidders collude with each other in bidding quotation, or the bidder colludes with the bid inviting party in one of the following circumstances, the case shall be filed for prosecution:

    (1) Harming the legitimate interests of the bid inviting party, the bidder, the state, the collective or citizens, resulting in direct economic losses of more than 500000 yuan;

    (2) The amount of illegal income is more than 200000 yuan;

    (3) The amount of the winning project is more than 4 million yuan;

    (4) Threatening, cheating or bribing or other illegal means;

    (5) Those who fail to meet the above-mentioned amount standards, but have been punished twice or more for collusive bidding within two years, and colluded in bidding again;

    (6) Other serious circumstances.

    Article 69    Contract fraud (article 224 of the criminal law) For the purpose of illegal possession, in the process of signing and performing the contract, defraud the other party's property with the amount of more than 20000 yuan shall be filed for prosecution.

    Article 70    [case of organizing and leading pyramid marketing activities (article 224-1 of the criminal law)] In the name of selling commodities and providing services, organizations and leaders require participants to obtain the qualification of joining by paying fees or purchasing goods and services, and form hierarchies according to a certain order, and directly or indirectly use the number of development personnel as the basis for calculating remuneration or returning profits, luring or intimidating participants to continue to develop others to participate and defraud property, If the organizer is suspected of disturbing the social order, the leader should be prosecuted.

    The following personnel can be identified as organizers and leaders of MLM activities:

    (1) Personnel who play the role of initiation, planning and manipulation in MLM activities;

    (2) Personnel who are responsible for management and coordination in MLM activities;

    (3) Personnel responsible for publicity and training in MLM activities;

    (4) Those who have been investigated for criminal investigation for organizing or leading pyramid marketing activities, or who have been subjected to administrative punishment for organizing or leading pyramid marketing activities within one year, and who have directly or indirectly developed more than 15 people who are at or above level 3 in pyramid marketing activities;

    (5) Other personnel who play a key role in the implementation of MLM activities and the establishment and expansion of MLM organizations.

    Article 71    [illegal business case (Article 225 of the criminal law)] Those who, in violation of state regulations, engage in illegal business activities and disrupt market order and are suspected of any of the following circumstances, shall file a case for prosecution:

    (1) Those who violate the laws and regulations of the state on tobacco monopoly administration, operate tobacco monopoly commodities illegally without the permission of the Department of tobacco monopoly administration, without the license of tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, tobacco monopoly retail license, etc

    one The amount of illegal business operation is more than 50000 yuan, or the amount of illegal income is more than 20000 yuan;

    two Illegally dealing in more than 200000 cigarettes;

    three Within three years, those who have been subjected to more than two administrative punishments for illegal trading in tobacco monopoly commodities, and illegally engaged in tobacco monopoly commodities with the amount of more than 30000 yuan.

    (2) Illegal operation of securities, futures and insurance business, or illegal fund payment and settlement business without the approval of the relevant competent department of the state, with one of the following circumstances:

    one Illegally engaging in securities, futures and insurance business with an amount of more than one million yuan or illegal income of more than 100000 yuan;

    two Illegally engaging in fund payment and settlement business with an amount of more than 5 million yuan or illegal income of more than 100000 yuan; or;

    three Illegally engaging in fund payment and settlement business with the amount of more than 2.5 million yuan but less than 5 million yuan, or the amount of illegal income more than 50000 yuan but less than 100000 yuan, and under any of the following circumstances:

    one )Those who have been criminally investigated for their criminal activities of illegally engaging in fund payment and settlement business;

    two )Illegal payment of funds within two years due to illegal settlement business;

    three )Refusing to explain the whereabouts of the funds involved in the case or refusing to cooperate in the recovery work, resulting in the impossibility of recovering the stolen money;

    four )Causing other serious consequences.

    four . using point of sale terminal equipment( POS Paying cash directly to a credit card holder in the form of fictitious transaction, false price, cash return, etc., with the amount of more than 1 million yuan, or causing a financial institution's capital of more than 200000 yuan overdue, or causing an economic loss of more than 100000 yuan to the financial institution.

    (3) Illegal buying and selling of foreign exchange or disguised trading of foreign exchange, which disturbs the order of the financial market, has one of the following circumstances:

    one The amount of illegal business operation is more than 5 million yuan, or the amount of illegal income is more than 100000 yuan;

    two The amount of illegal business operation is more than 2.5 million yuan, or the amount of illegal income is more than 50000 yuan, and one of the following circumstances occurs:

    one )Those who have been investigated for criminal action for illegal trading in foreign exchange;

    two )Those who have received administrative punishment for illegal trading of foreign exchange within two years;

    three )Refusing to explain the whereabouts of the funds involved in the case or refusing to cooperate in the recovery work, resulting in the impossibility of recovering the stolen money;

    four )Causing other serious consequences.

    three A company, enterprise or any other unit, in violation of the provisions on foreign trade agency business, fraudulently purchases foreign exchange from a designated foreign exchange bank for another person by using illegal means, or knowingly forging or altering vouchers and commercial documents, with the amount of more than 5 million US dollars or the illegal income of more than 500000 yuan;

    four The amount of illegal income is more than 100000 yuan.

    (4) Publishing, printing, reproducing or distributing illegal publications that seriously endanger social order and disturb market order

    one The amount of illegal business of an individual is more than 50000 yuan, and that of a unit is more than 150000 yuan;

    two The amount of illegal income of an individual is more than 20000 yuan, and that of a unit is more than 50000 yuan;

    three An individual illegally deals in 5000 newspapers, 5000 periodicals or 2000 books, or more than 500 audio-visual products or electronic publications, or an entity illegally deals in 15000 newspapers, 15000 periodicals or 5000 books or 1500 audio-visual products or electronic publications;

    four In spite of the above circumstances, the amount does not meet one of the following criteria:

    one )Those who, within two years, have been subjected to administrative punishment for publishing, printing, duplicating or distributing illegal publications twice or more, and publish, print, duplicate or distribute illegal publications again;

    two )Causing adverse social impact or other serious consequences due to the publication, printing, reproduction or distribution of illegal publications.

    (5) Engaging in publishing, printing, duplicating or distributing publications illegally, thus seriously disrupting the market order, and having one of the following circumstances:

    one The amount of illegal business of an individual is more than 150000 yuan, and that of a unit is more than 500000 yuan;

    two The amount of illegal income of an individual is more than 50000 yuan, and that of a unit is more than 150000 yuan;

    three An individual illegally deals in 15000 newspapers, 15000 periodicals or 5000 books or 1500 audio-visual products or electronic publications, or an entity illegally deals in 50000 newspapers, 50000 periodicals or 15000 books or 5000 audio-visual products or electronic publications;

    four Those who have not met the above-mentioned amount standards, and who have been subjected to more than two administrative penalties for illegally engaging in the publication, printing, reproduction and distribution of publications within two years, and are also engaged in the publication, printing, reproduction and distribution of publications illegally.

    (6) Operating international telecommunication business or telecommunication business involving Hong Kong, Macao and Taiwan without authorization by renting international special lines, setting up transfer equipment privately or by other means, thus disrupting the order of the telecommunications market management, and having one of the following circumstances:

    one The amount of telephone service is more than one million yuan;

    two The loss of telecommunication charges caused by the operation of incoming call service is more than one million yuan;

    three The above-mentioned amount standard is not met, but one of the following circumstances occurs:

    one )Those who, within two years, have been subjected to more than two administrative penalties for illegal operation of international telecommunication business or telecommunication business involving Hong Kong, Macao and Taiwan, and have illegally engaged in international telecommunication business or telecommunication business involving Hong Kong, Macao and Taiwan;

    two )Other serious consequences caused by illegal operation of international telecommunication business or telecommunication business involving Hong Kong, Macao and Taiwan.

    (7) For the purpose of making profits, providing the service of deleting information with compensation through the information network, or providing the service of releasing information through the information network with compensation, knowing that the information is false, and disturbing the market order:

    one The amount of personal illegal business operation is more than 50000 yuan, or the amount of illegal income is more than 20000 yuan;

    two The amount of illegal business operation of the unit is more than 150000 yuan, or the amount of illegal income is more than 50000 yuan.

    (8) Illegal production and sale Black broadcasting ”“ Pseudo base station Radio equipment, such as radio jammer, which has one of the following conditions:

    one Illegally producing or selling more than three sets of radio equipment;

    two The amount of illegal business is more than 50000 yuan;

    three Those who fail to meet the above-mentioned amount standards, but who have been subjected to administrative penalties twice or more for illegal production and sale of radio equipment within two years, and illegally produce or sell radio equipment.

    (9) For the purpose of providing casinos for others, illegally producing or selling electronic game facilities and equipment or special software with gambling functions such as coin refund, bonus refund, steel ball refund, etc., in violation of the state regulations, in case of any of the following circumstances:

    one The amount of personal illegal business operation is more than 50000 yuan, or the amount of illegal income is more than 10000 yuan;

    two The amount of illegal business operation of the unit is more than 500000 yuan, or the amount of illegal income is more than 100000 yuan;

    three . those who fail to meet the above-mentioned amount standards, but have been subjected to more than two administrative punishments for illegal production and sale of gambling machines within two years, and have also engaged in the same kind of illegal business operations;

    four Other serious circumstances.

    (10) Those who commit the following acts endangering food safety and whose illegal business amount is more than 100000 yuan or whose illegal income is more than 50000 yuan:

    one Producing or selling non food raw materials prohibited by the state for the purpose of providing food for production and sale to others in violation of state regulations;

    two For the purpose of providing other people with the production and sale of edible agricultural products, in violation of state regulations, producing and selling toxic and harmful non food raw materials such as pesticides prohibited by the state, drugs and other compounds prohibited in food animals, or producing or selling pesticides, veterinary drugs, feed, feed additives or feed raw materials added with the above-mentioned toxic and harmful non food raw materials;

    three Those who, in violation of state regulations, set up pig slaughterhouses (farms) to engage in pig slaughtering, marketing and other business activities.

    (11) Without the approval of the regulatory authorities, or beyond the scope of business, for the purpose of making profits, regularly extends loans to non-specific social objects at an effective annual interest rate of more than 36 percent, under one of the following circumstances:

    one The accumulated amount of illegal loans by individuals is more than 2 million yuan, and the amount of illegal loans by units is more than 10 million yuan;

    two The accumulated amount of illegal income of an individual is more than 800000 yuan, and that of a unit is more than 4 million yuan;

    three The total number of illegal lending objects of individuals is more than 50, and that of units is more than 150;

    four Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.

    five In spite of the above circumstances, the amount does not meet one of the following criteria:

    one )Having been punished twice or more for illegal lending within two years;

    two )Illegally lending more than ten times at an effective annual interest rate of more than 72 percent.

    In case of illegal lending by the underworld and evil forces, the provisions of article one two three 50% of the corresponding amount and quantity standard specified in the article. At the same time, it has five In case of the circumstances specified in the preceding paragraph, it shall be determined according to 40% of the corresponding amount and quantity standard.

    (12) Engaging in other illegal business activities with one of the following circumstances:

    one The amount of personal illegal business operation is more than 50000 yuan, or the amount of illegal income is more than 10000 yuan;

    two The amount of illegal business operation of the unit is more than 500000 yuan, or the amount of illegal income is more than 100000 yuan;

    three . those who fail to meet the above-mentioned amount standards, but have been subjected to more than two administrative punishments for illegal business operations within two years, and are engaged in the same kind of illegal business operations;

    four Other serious circumstances.

    If the law or judicial interpretation has other provisions on the standards for filing and prosecuting the crime of illegal business operation, such provisions shall prevail.

    Article 72    [case of illegal transfer and reselling of land use right (article 228 of criminal law)] For the purpose of making profits, illegally transfer or resell the land-use right in violation of the land administration laws and regulations, and are suspected of any of the following circumstances, the case shall be filed for prosecution:

    (1) Illegally transferring or reselling more than five mu of permanent basic farmland;

    (2) Illegally transferring or reselling more than 10 mu of cultivated land other than permanent basic farmland;

    (3) Illegally transferring or reselling more than 20 mu of other land;

    (4) The amount of illegal income is more than 500000 yuan;

    (5) Those who have not reached the above-mentioned amount standard, but have been punished by administrative punishment for illegally transferring or reselling the land-use right, and illegally transferring or reselling the land;

    (6) Other serious circumstances.

    Article 73    [case of providing false certificates (article 229, paragraph 1, criminal law)] Personnel of intermediary organizations that undertake the responsibilities of asset assessment, capital verification, verification, accounting, auditing, legal services, recommendation, safety assessment, environmental impact assessment, environmental monitoring, etc., who intentionally provide false supporting documents, and are suspected of any of the following circumstances, shall file a case for prosecution:

    (1) Causing direct economic losses of more than 500000 yuan to the state, the public or other investors;

    (2) The amount of illegal income is more than 100000 yuan;

    (3) The amount of false certificates is more than one million yuan and accounts for more than 30% of the actual amount;

    (4) Having failed to meet the above-mentioned amount standard, but having been subjected to more than two administrative penalties for providing false supporting documents within two years, and also providing false supporting documents;

    (5) Other serious circumstances.

    Article 74    [major untrue case of issuing supporting documents (paragraph 3, article 229 of the criminal law)] Personnel of intermediary organizations that undertake the responsibilities of asset assessment, capital verification, verification, accounting, auditing, legal services, recommendation, safety assessment, environmental impact assessment, environmental monitoring, etc. are seriously irresponsible, and their supporting documents are seriously untrue. If they are suspected of any of the following circumstances, they shall be filed for prosecution:

    (1) Causing direct economic losses of more than one million yuan to the state, the public or other investors;

    (2) Other circumstances causing serious consequences.

    Article 75    Case of evading commodity inspection (Article 230 of the criminal law) Those who, in violation of the provisions of the law on import and export commodity inspection and evade commodity inspection, sell or use imported commodities that must be inspected by the commodity inspection authorities without reporting for inspection, or exporting export commodities that must be inspected by the commodity inspection authorities without being reported as having passed the inspection, and are suspected of one of the following circumstances, shall be filed for prosecution:

    (1) Economic losses of more than 500000 yuan to the state or to individuals;

    (2) The value of import and export goods evading commodity inspection is more than 3 million yuan;

    (3) Causing epidemics, disasters and accidents;

    (4) Evading commodity inspection for many times;

    (5) Causing international economic and trade disputes, seriously affecting the country's foreign trade relations, or seriously damaging the national reputation;

    (6) Other serious circumstances.

    Article 76    [case of duty encroachment (Article 271, paragraph 1, criminal law)] If an employee of a company, an enterprise or any other unit, taking advantage of his / her position, illegally takes possession of his / her own property in an amount of more than 30000 yuan, he / she shall file a case for prosecution.

    Article 77    [case of misappropriation of funds (Article 272, paragraph 1 of the criminal law)] Any staff member of a company, enterprise or other unit who, by taking advantage of his position, misappropriates funds of his own unit for personal use or lending to others shall file a case for prosecution if he is suspected of any of the following circumstances:

    (1) Misappropriating the funds of the unit to more than 50000 yuan and failing to repay the funds after more than three months;

    (2) Misappropriating more than 50000 yuan of its own funds for profit-making activities;

    (3) Misappropriating more than 30000 yuan of funds of the unit to engage in illegal activities.

    Any of the following circumstances shall fall within the provisions of this article For personal use

    (1) Using the funds of the unit for his own use, relatives, friends or other natural persons;

    (2) Providing the funds of the unit to other units in the name of an individual;

    (3) In the name of the unit, the unit will seek personal interests.

    Article 78    [false litigation (article 307-1 of the criminal law)] If a civil action is brought with fabricated facts alone or in malicious collusion with others and is suspected of any of the following circumstances, the case shall be filed for 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 a court session and interfering with normal judicial activities;

    (3) Causing the people's court to make a judgment document or a property distribution plan based on fabricated facts, or file a case to enforce an arbitration award or a notarized creditor's right document based on fabricated facts;

    (4) Bringing civil proceedings repeatedly with fabricated facts;

    (5) A person who has been subjected to compulsory civil action measures or has been investigated for criminal action because he has brought a civil action with fabricated facts;

    (6) Other circumstances that impair judicial order or seriously infringe upon the legitimate rights and interests of others.

     

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    Article 79    In this regulation currency Refers to the following currencies in circulation at home and abroad:

    (1) RMB (including ordinary commemorative currency and precious metal commemorative coin), Hong Kong dollar, Macao dollar and new Taiwan dollar;

    (2) Legal tender of other countries and regions.

    The denomination of precious metal commemorative coins is subject to the initial selling price of China Gold Coin Corporation authorized by the people's Bank of China.

    Article 80    In this regulation many times More than three times.

    Article 81    In this regulation Although it does not meet the above amount standard , which is close to the above-mentioned amount standard and has reached more than 80% of the amount.

    Article 82    If it is necessary to investigate the criminal responsibility of the preparatory crime, the attempted crime and the discontinued crime, the case shall be filed for prosecution.

    Article 83    The standards for filing a case for prosecution in these Provisions shall apply to the corresponding unit crimes, except as otherwise provided for in laws, judicial interpretations and these provisions.

    Article 84    In this regulation above Including this number.

    Article 85    This regulation is from two thousand and twenty-two year five month fifteen It is implemented in Japan. Provisions 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 organs (2) two thousand and ten twenty-three And the supplementary provisions of the provisions 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 organs (2) (Gongtong Zi [ two thousand and eleven forty-seven At the same time.