全国人民代表大会常务委员会关于惩治破坏金融秩序犯罪的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON PUNISHMENT OF THE CRIMES OF UNDERMINING THE FINANCIAL ORDER
(Adopted at the 14th Meeting of the Standing Committee of the Eighth National People's Congress on June 30, 1995, and promulgated by Order No. 52 of the President of the People's Republic of China on June 30, 1995) (Editor's Note: In accordance with the provisions of Article 452 of the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997, the provisions regarding administrative penalties and administrative measures in this Decision shall continue to be in force and the provisions regarding criminal liability have been incorporated into the revised Criminal Law)
- 颁布日期：1995-06-30
- 实施日期：
- 时 效 性：有效
- 发文文号：
- 颁布单位：全国人大常委会
The following Decision is made in order to punish crimes against financial order such as currency forgery, finance bills swindling, letter of credit swindling and illegal collection swindling.
1. Whoever commits a currency forgery shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 100,000 yuan. Any of the following categories of persons shall be sentenced to a fixed-term imprisonment of not less than ten years, life imprisonment or death and be imposed confiscation of property concurrently:
(1) those principal criminal of the currency forgery group;
(2) those with especially huge amount of forged currency;(3) those with other especially serious circumstances.
2. Whoever sells or purchases forged currency or transports knowingly forged currency shall, if the amount involved is relatively huge, be sentenced to a fixed-term imprisonment of not more than three years or criminal detention, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge, he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially huge, he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment and be concurrently sentenced to confiscation of property.
Whoever from the staff of bank or other financial institutions purchases forged currency or takes advantage of duties to exchange currency with forged currency shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge and the circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment and be concurrently sentenced to confiscation of property; if the circumstances are minor, he shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention, and be concurrently sentenced to a fine or be independently sentenced to a fine ranging from 10,000 to 100,000 yuan.
Whoever forges currency and sells or transports the forged currency shall be given a heavier punishment in accordance with the provision of Article 1.
3. Whoever smuggles forged currency shall be punished according to the relevant provisions of the Supplementary Provisions on Punishment of Smuggling by the Standing Committee of the National People's Congress.
4. Whoever holds or uses knowingly forged currency shall, if the amount involved is relatively huge, be sentenced to a fixed-term imprisonment of not more than three years or criminal detention, and be concurrently sentenced to a fine ranging from 10,000 to 100,000 yuan; if the amount involved is huge, he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is especially huge, he shall be sentenced to a fixed-term imprisonment of not less than ten years and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan or confiscation of property.
5. Whoever alters currency shall, if the amount involved is relatively huge, be sentenced to a fixed-term imprisonment of not more than three years or criminal detention, and be concurrently sentenced to a fine ranging from 10,000 to 100,000 yuan; if the amount involved is huge, he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan.
6. Whoever establishes a commercial bank or other financial institution without authorization by the People's Bank of China shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention, and be concurrently sentenced to a fine or be independently setenced to a fine ranging from 20,000 to 200,000 yuan; if the circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan.
Whoever forges, alters or transfers an operating license of bank or other financial institution shall be punished according to the provisions of the proceeding paragraph.
Whichever working unit commits the crimes mentioned in the two proceeding paragraphs shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of paragraph 1.
7. Whoever illegally absorbs the savings account of the public or absorbs the savings account of the public in disguised form disturbing the financial order shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention, and be concurrently sentenced to a fine or be independently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge and the circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan.
Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.
8. For the sake of illegal possession whoever illegally collects capital in method of swindling shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge and the circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially huge and the circumstances are especially serious, he shall be sentenced to a fixed-term imprisonment of not less than ten years, life imprisonment or death penalty, and be concurrently sentenced to confiscation of property.
Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.
9. Against the provisions of the laws and administrative regulations whoever from the staff of a bank or other financial institution issues a credit loan or a guaranteed loan to his parties with more favorable condition than to other borrowers for the same kind of loans shall, if the relatively huge loss is caused, be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 10,000 to 100,000 yuan; if the major loss is caused, he shall be sentenced to a fixed-term imprisonment of not less than five years and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan.
Against the provisions of the laws and administrative regulations whoever from the staff of a bank or other financial institution neglects his duty or abuses his power to issue loans to other than his parties shall, if the major loss is caused, be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 10,000 to 100,000 yuan; if the especially huge loss is caused, he shall be sentenced to a fixed-term imprisonment of not less than five years and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan.
Whichever working unit commits the crimes mentioned in the two proceeding paragraphs shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the two proceeding paragraphs.
10. Any of the following categories of persons, for the sake of illegal possession, swindles the loans of a bank or other financial institution with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge or other circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially huge or other circumstances are especially serious, he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment, and be concurrently sentenced to confiscation of property:
(1) Those who fabricate false reasons such as introduction of fund or project;
(2) Those who use false economic contracts;
(3) Those who use false documents of certificate;
(4) Those who use false property certificate as guarantee;
(5) Those who swindle loans in other methods.
11. Any of the following categories of persons who forge or alter the financial documents shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 20,000 to 100,000 yuan; if the circumstances are serious, he shall be sentenced to a fixed-term imprisonment of less than ten years or life imprisonment, and be concurrently sentenced to confiscation of property:
(1) those who forge or alter promissory bill, note of exchange and check;
(2) those who forge or alter other bank settlement receipts such as commission collection receipt, remittance receipt and bank deposit receipt;
(3) those who forge or alter the letter of credit and attached notes or documents;
(4) those who forge the credit card.
Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.
12. Any of the following categories of persons who commit the swindling activities of financial notes with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge or other circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially huge or other circumstances are especially serious, he shall be sentenced to a fixed-term imprisonment of not less than ten years, life imprisonment or death penalty, and be concurrently sentenced to confiscation of property:
(1) those who use the knowingly forged or altered promissory bill, note of exchange and check;
(2) those who use the knowingly invalid promissory bill, note of exchange and check;
(3) those who falsely use other's promissory bill, note of exchange and check as his own;
(4) those who issue bounced check or check where the signature is inconsistent with his reserved one to defraud the property;
(5) those drawers of promissory bill or note of exchange who issue the promissory bill or note of exchange without security of fund or produce a false record on the note to defraud the property.
Whoever uses the forged or altered other bank settlement receipts such as commission collection receipt, remittance receipt and bank deposit receipt shall be punished according to the provisions of the proceeding paragraph.
Whichever working unit commits the crimes mentioned in the two proceeding paragraphs shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of paragraph 1.
13. Any of the following categories of persons who commit the swindling activities of letter of credit shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge or other circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially huge or other circumstances are especially serious, he shall be sentenced to a fixed-term imprisonment of not less than ten years, life imprisonment or death penalty, and be concurrently sentenced to confiscation of property:
(1) those who use the forged or altered letter of credit or attached notes or documents;
(2) those who use invalid credit card;
(3) those who defraud letter of credit;
(4) those who commit the swindling activities of letter of credit in other methods.
Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.
14. Any of the following categories of persons who commit the swindling activities of credit card with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is huge or other circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years, and be concurrently sentenced to a fine ranging from 50,000 to 500,000 yuan; if the amount involved is especially huge or other circumstances are especially serious, he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment, and be concurrently sentenced to confiscation of property:
(1) those who use forged credit card;
(2) those who use invalid credit card;
(3) those who falsely use other's credit card as his own;
(4) those who overdraw through malice.
Whoever steals and uses credit card shall be punished in accordance with the provisions of Criminal Law on crime of theft.
15. Whoever from a bank or other financial institution against the provisions offer others the letter of credit or other certificates of guarantee, notes and certificates of credit status shall, if the relatively huge loss is caused, be sentenced to a fixed-term imprisonment of not more than five years or criminal detention; if the huge loss is caused, he shall be sentenced to a fixed-term imprisonment of not less than five years.
Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.
16. Any of the following categories of persons who commit the swindling activities of insurance with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention, and be concurrently sentenced to a fine ranging from 10,000 to 100,000 yuan; if the amount involved is huge or other circumstances are serious, he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years, and be concurrently sentenced to a fine ranging from 20,000 to 200,000 yuan; if the amount involved is especially huge or other circumstances are especially serious, he shall be sentenced to a fixed-term imprisonment of not less than ten years, and be concurrently sentenced to confiscation of property:
(1) those insurance policy holders who intentionally fabricate the object of insurance to defraud the insurance money;
(2) those insurance policy holders, insurants or beneficiaries fabricate false reason or exaggerate the degree of loss on the insurance accident to defraud the insurance money;
(3) those insurance policy holders, insurants or beneficiaries fabricate the insurance accident which never happens to defraud the insurance money;
(4) those insurance policy holders or beneficiaries intentionally cause the insurance accident with the property loss to defraud the insurance money;
(5) those insurance policy holders or beneficiaries intentionally cause the death, disability or disease of the insurant to defraud the insurance money.
Whoever commits the activity listed in item (4), (5) of the proceeding paragraph which also constitutes a crime shall be punished in accordance with the provisions on combined punishment for several crimes of Criminal Law.
Any expert witness, witness or property adjuster of an insurance accident who intentionally provides false documents of certificate and provides conditions to others to swindle shall be punished as a joint crime of insurance swindling.
Whichever working unit commits the crimes mentioned in t paragraph 1 shall be sentenced to a fine, and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of paragraph 1.
17. Whoever from the staff of an insurance company takes advantage of his duty's convenience to draw up intentionally an insurance accident which never happens and to give an adjustment in order to defraud the insurance money shall be punished respectively in accordance with relevant provisions of the Supplementary Provisions Concerning the Punishment of the Crime of Embezzlement and Bribery and the Decision on Punishment of the Crime Violating Company Law by the Standing Committee of the National People's Congress.
18. Whoever from the staff of a bank or other financial institution in the course of the financial business activities extorts or accepts bribes, or accepts whatever kind of rebate or commission shall be punished respectively in accordance with relevant provisions of the Supplementary Provisions Concerning the Punishment of the Crime of Embezzlement and Bribery and the Decision on Punishment of the Crime Violating Company Law by the Standing Committee of the National People's Congress.
19. Whoever from the staff of a bank or other financial institution takes advantage of his duties to misappropriate the funds of the working unit or clients shall be punished respectively in accordance with relevant provisions of the Supplementary Provisions Concerning the Punishment of the Crime of Embezzlement and Bribery and the Decision on Punishment of the Crime Violating Company Law by the Standing Committee of the National People's Congress.
20. Whoever from the staff of a bank or other financial institution colludes with the criminals engaged in the swindling of financial activities described in this Decision and offers assistance to them with their swindling activities shall be punished as a joint crime.
21. Whoever commits the behaviors described in Article 2, Article 4, Article 5, Article 11, Article 12, Article 14 and Article 16 of this Decision which does not constitute a crime with minor circumstances may be imposed of detention of not more than 15 days or a fine of not more than 5,000 yuan by the department for public security.
22. Any unlawful gains involved in the crimes against this Decision shall be pursued or ordered to be returned to the sufferer; and any property and material shall be confiscated.
Any forged or altered currency, forged, altered or invalid note, letter of credit, credit card or other bank settlement receipt shall be taken over and to the People's Bank of China for centralized destruction.
The detailed measures for taking over the forged or altered currency shall be formulated by the People's Bank of China.
23. The currency called in this Decision means Renminbi and foreign currency.
24. This Decision shall be implemented as of the date of promulgation.