If the salesman illegally raises funds, then he will be convicted and sentenced according to the amount involved and the specific behavior; If it is illegal fund-raising by the unit, it is a crime by the unit, the unit shall be fined, and the directly responsible person in charge and other responsible personnel of the unit shall be investigated for criminal responsibility. Therefore, if the salesman has direct responsibility, he can be investigated for criminal responsibility.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
What are the main manifestations of illegal fund-raising
Illegal fund-raising activities involve a wide range of contents and forms. Judging from the current crime situation, it mainly includes four categories: creditor's rights, equity, commodity marketing and production and operation. There are mainly the following forms:
(a) illegal fund-raising in the name of planting, breeding, project development, manor development, ecological and environmental protection investment, etc.
(2) Illegal fund-raising in the name of issuing or disguised shares, bonds, lottery tickets, investment funds and other rights certificates, or futures trading or pawning.
(3) illegally raising funds by claiming shares or participating in dividends.
(four) illegal fund-raising through membership cards, membership cards, seat cards, discount cards, consumer cards, etc.
(five) illegal fund-raising by means of commodity sales and leaseback, repurchase and transfer, membership development, business alliance and "quick share method".
(six) the use of modern electronic network technology to build "electronic stores", "electronic department stores" and other "virtual" products to invest in entrusted operations, repurchase and other ways to raise funds illegally.
(seven) the property, real estate and other assets are equally divided, and illegal fund-raising is carried out by selling their share disposal rights.
(eight) the establishment of investment funds through the Internet and other forms of illegal fund raising.
(nine) illegal fund-raising in the form of "electronic gold investment".
(10) advocates that artworks have great value-added potential, and illegally absorbs public deposits from the public in the form of "down payment" and high returns such as repurchasing principal due under the guise of entrusting companies to sell dividends after purchase and third-party companies to buy value-added products.
What are the constitutive elements of the crime of illegal fund-raising
1. Take individual citizens and collective units as the main body;
2. Intentionally committing a crime for subjective reasons, knowing that it is illegal, but still committing a crime;
3. Taking the general financial management procedures of the state as the object of crime, which has caused harm to the national financial system;
This kind of behavior is made in private without the approval of relevant departments. Satisfying the above points can constitute the crime of illegal fund-raising
How to deal with the money illegally raised?
Generally, in the process of investigation, property preservation measures such as seizure, seizure and freezing will be taken; After the trial, the illegal fund-raising funds will generally be returned to the fund-raising participants. If the property involved is not enough to return all the fund-raising participants' money, it shall be returned in proportion to the fund-raising amount of the fund-raising participants. If there is still surplus property after the property involved is returned, the remaining part shall be turned over to the state treasury.
From the above analysis, it can be seen that according to the provisions of the Criminal Law, if a unit carries out illegal fund-raising, it should be dealt with according to whether the employee knows and whether the employee's role in the illegal fund-raising case is correct, and if it constitutes a crime of * * *, it should be investigated for criminal responsibility.
Legal basis:
Criminal law of the people's Republic of China
Thirtieth companies, enterprises, institutions, organs, organizations to commit acts that endanger society, the law stipulates that a unit commits a crime, and shall bear criminal responsibility.
Thirty-first principles of punishment for unit crimes
If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.
Article 46 of the Criminal Procedure Law of People's Republic of China (PRC) emphasizes evidence, investigation and research, and does not believe confession. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is sufficient and reliable, the defendant may be found guilty and punished.
If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified by legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.