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The crime of illegally absorbing deposits from the public refers to the activities of absorbing funds from unspecified targets in society without the approval of the People's Bank of China, issuing vouchers, and promising to repay principal and interest within a certain period of time; The so-called disguised absorption of public deposits refers to activities that do not absorb funds from unspecified targets in society without the approval of the People's Bank of China and in the name of absorbing public deposits, but promise to perform obligations of the same nature as those of the public. So can the non-sucked money be returned? Can be returned.
In the course of criminal proceedings, an attached civil lawsuit may be filed to demand compensation from the other party. If it is not raised, a civil lawsuit may be separately filed in the people's court. Legal basis:
Article 176 of the Criminal Law of the People's Republic of China: Whoever illegally absorbs deposits from the public or covertly absorbs deposits from the public, disrupting financial order, is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of between 20,000 and 200,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
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If the crime of illegally absorbing deposits from the public is not reported, the money will not be recovered. If you don't report the case, the police won't know that it was illegally absorbing deposits, so they won't recover the money.
Whether or not to file a case for investigation of illegal absorption or disguised absorption of public deposits depends on whether one of the following three circumstances is suspected:
First, from the point of view of the amount of deposits illegally absorbed or indirectly absorbed from the public, individuals illegally absorbed or indirectly absorbed deposits from the public in the amount of more than 200,000 yuan, and units illegally absorbed or indirectly absorbed deposits from the public in the amount of more than 1 million yuan.
Second, in terms of the number of households that illegally absorb or covertly absorb public deposits, individuals illegally absorb or covertly absorb more than 30 public deposits, and units illegally absorb or covertly absorb more than 150 public deposits.
Third, from the perspective of the economic losses caused, the amount of direct economic losses caused to depositors by individuals illegally absorbing or covertly absorbing public deposits is more than 100,000 yuan, and the amount of direct economic losses caused by units illegally absorbing or covertly absorbing public deposits to depositors is more than 500,000 yuan.
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1. All property illegally obtained by criminals shall be recovered or ordered to be returned;
2. The lawful property of the victim shall be promptly returned;
3. Contraband and personal property used in the crime shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of on their own.
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Legal analysis: Yes, illegal fundraising is a criminal act, if the case has been filed at that time, it should be recovered and returned to the victim by the investigating agency, and if the case is not filed, it is recommended to report the case first. If there is an express agreement in the contract, it can be recovered by civil litigation.
Assets involved in the case that have been sealed, seized, or frozen shall generally be returned to the fundraising participants after the litigation is concluded. Where the assets involved in the case are insufficient to be returned in full, they are to be returned in accordance with the proportion of the fundraising participants' fundraising amount.
Legal basis: "Criminal Law of the People's Republic of China" Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, is to be sentenced to up to five years imprisonment or to be detained for late service, and a concurrent fine of between 20,000 and 200,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.
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It is possible to return the illegally absorbed money to the victim if it is recovered by the judicial organs, but in judicial practice, it is generally difficult to recover all the money. According to the relevant judicial interpretations of the Second Supreme People's Court and the First Division, the public security organs are responsible for recovering the illegally raised funds, and the additional funds are used to return them to the victims, but it is difficult to return all of them in practice. Defeated.
Legal basis:Article 176 of the Criminal Law.
Whoever illegally absorbs deposits from the public or covertly absorbs deposits from the public, disrupting the financial order, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the managers and other directly responsible personnel who are directly responsible for it are to be punished in accordance with the provisions of the preceding paragraph.
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It depends. If the public security organs solve the case and recover the victim's property, the public security organs will return the case to the victim. All property illegally obtained by criminals shall be recovered or ordered to be returned if they are envied; The lawful property of the victim shall be promptly returned.
Article 176 of the Criminal Law of the People's Republic of China Whoever illegally absorbs or indirectly absorbs deposits from the public or indirectly absorbs deposits from the public, thereby disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there is conduct in the preceding two paragraphs, and the stolen goods are actively returned and restitution is made before a public prosecution is initiated, and the harm is reduced, the punishment may be mitigated or commuted.
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