Supreme Court: Severely punish financial crimes to protect the safety of the people's "money bags"

　　China News Service, September 22. The Supreme People's Court held a press conference on the 22nd to introduce the work of punishing financial crimes in accordance with the law.

Ma Yan, President of the Third Criminal Division of the Supreme People's Court, mentioned at the meeting that from 2017 to August 2022, courts across the country concluded 117,100 first-instance criminal cases of disrupting financial management order and financial fraud, and 186,300 defendants were sentenced. penalty.

Severely punish crimes of illegal fund-raising in accordance with the law, and protect the safety of the people's "money bags"

　　There are many criminal cases of illegal fund-raising, involving a huge amount of money and a large number of participants in fund-raising, which seriously disrupts the financial management order and endangers the country's financial security.

From 2017 to August 2022, courts across the country concluded 60,200 first-instance criminal cases of illegal fundraising and 108,700 people.

He has successively tried and dealt with a number of major illegal fundraising cases such as Beijing "ezubao", "Kunming Panya", Jiangsu "Qianbao" and Shanghai "Fuxing", and achieved good political, legal and social effects.

Always adhere to the policy of severe punishment, and those with severe sentences will be severely punished in accordance with the law. The average severe penalty rate for illegal fund-raising criminal cases is 19.99%, of which the severe penalty rate for fund-raising fraud crimes is 78.78%, which is much higher than the average criminal case. penalty rate.

At the same time, we will make full use of property penalties in accordance with the law, increase the punishment and enforcement of property penalties, and severely punish criminals economically.

Strictly punish securities and futures crimes in accordance with the law, and maintain the health and stability of the capital market

　　With the rapid development of my country's securities and futures markets, the crimes of manipulating securities, futures markets, insider trading, and trading with undisclosed information (commonly known as "rat warehouses") continue to occur. , the futures market management order, and seriously damage the legitimate rights and interests of the majority of investors.

Over the past five years, courts across the country have concluded 229 first-instance criminal cases involving manipulation of securities, futures markets, insider trading, and trading with undisclosed information, a total of 229 cases involving 355 persons.

A number of major securities and futures crime cases such as "Xu Xiang's manipulation of the securities market", "Ishton's manipulation of the futures market" and "Broad Petrochemical's manipulation of the futures market" were tried according to law, effectively deterring crimes.

Strengthen anti-money laundering efforts and punish money laundering crimes strictly in accordance with the law

　　With the changes in the domestic and international economic situation, money laundering crimes, especially underground money laundering crimes, have been increasing, seriously disrupting the financial management order and endangering the country's economic and financial security.

Over the past five years, courts across the country have concluded 1,154 first-instance criminal cases involving money laundering and 1,362 people.

Since the beginning of this year, the Supreme People's Court has actively participated in the nationwide three-year campaign (2022-2024) jointly launched by the People's Bank of China, the Ministry of Public Security and other departments to crack down on crimes against money laundering, further intensify anti-money laundering efforts, and strengthen evidence in criminal cases of money laundering The collection, review, and application of money laundering crimes can be accurately identified in accordance with the law, and the quality and efficiency of case handling can be effectively improved.

In judicial practice, the criminal policy of combining leniency with strictness has been practically implemented, money laundering crimes have been severely punished in accordance with the law, property penalties have been increased, and criminals who have committed money laundering in underground money shops have repeatedly committed money laundering or refused to explain the whereabouts of the funds involved in the case. , punish severely and severely in accordance with the law, strictly control the application of probation, and at the same time, for those with statutory lenient punishment, the policy shall be reflected in accordance with the law to ensure the unity of legal effect and social effect.

Strictly punish the crime of pension fraud in accordance with the law, and earnestly safeguard the legitimate rights and interests of the elderly

　　In April this year, since the national special campaign to crack down on pension fraud was launched, the people's courts at all levels have focused on cracking down on the provision of "elderly care services", investment in "elderly care projects", the sale of "elderly care products", the declaration of "housing for the elderly", and the agency "pension insurance". ", carry out various types of pension fraud crimes in the name of "support for the elderly".

Since the special action, as of September 16, courts across the country have accepted a total of 2,014 criminal cases of pension fraud, including: 1,208 cases of illegal fundraising, 741 cases of fraud, and 65 cases of other types; 1,540 cases were concluded in the first instance and 4,043 cases were concluded in the second instance. 267 of 969 people.

For the main criminals who caused serious economic losses and other serious consequences or bad social impact cases, those who should be severely sentenced are resolutely sentenced according to law.

　　The people's court has always regarded the recovery of assets and damages as the top priority of special actions, which runs through the entire process and every link of the trial and disposal of cases.

Strengthen the investigation and control of the property involved in the case, strengthen the coordination and cooperation with relevant departments, accurately screen, review and identify the property involved in the case, and continue to recover the illegal income that has not been recovered or refunded in full at the time of trial. It should be pursued as much as possible and compensated as much as possible, and resolutely prevent criminals from hiding, fleeing, and transferring property.

Strengthen the enforcement of property, strengthen the seamless connection of trial and enforcement, implement the integration of trial and enforcement, and comprehensively use various means to do a good job in the clearing and transportation of the property involved in the case, the realization of property, the collection and return of funds, and the recovery of the victims' economy to the greatest extent. losses, and maximize the protection of the legitimate rights and interests of the elderly.

Since the special action, courts across the country have enforced nearly 3 billion yuan in pension fraud cases.

　　In the next step, the people's courts will further strengthen the punishment of crimes, severely and severely punish financial crimes such as illegal fundraising, manipulation of securities, futures markets, insider trading, and money laundering in accordance with the law. Property disposal and maintenance work to ensure the unity of political effect, legal effect and social effect.

Further improve the judicial policy system of judicial interpretations, formulate, revise and improve criminal judicial interpretations on money laundering, loan fraud, loan fraud, insider trading, leaking inside information, etc. as soon as possible, ensure that criminal laws and policies are correctly implemented, and continuously improve the professional level of financial crime trials .

Further strengthen communication, coordination, cooperation and cooperation with public security, procuratorial, financial supervision and other departments, improve work systems and mechanisms, form a joint force to prevent and resolve financial risks, better prevent and combat financial crimes, and implement the prevention and resolution of major financial risks. National security and overall social stability.