Two forms of investigation and evidence collection in illegal fund-raising cases

Legal subjectivity: Evidence is the objective basis for determining whether the perpetrator committed a crime and what kind of crime he committed. Since illegal fund-raising crimes often have a long commission period, a large number of victims, and a large amount of money involved, more attention needs to be paid to the comprehensive collection of various types of evidence for illegal fund-raising crimes. It is necessary to pay attention not only to the collection of verbal evidence, but also to the collection and collection of false promotional materials, equity certificates, agreements and other documentary evidence and electronic data. The extraction of confessions from criminal suspects and defendants should focus on the four characteristics of illegal fund-raising: illegality, openness, inducement, and sociality, and focus on the management, use, and purpose of illegal fund-raising. At the same time, the whereabouts of the money and property involved in the case and the ability of the criminal suspects and defendants to return compensation should also be ascertained. The extraction of victim statements should mainly focus on the causes, methods, amounts, returns (methods, times, amounts), amount of losses, etc. of participating in fund-raising; for cases with a large number of victims, in order to fully ascertain the actual losses of the victims, the investigation The agency should also promptly issue announcements requiring victims to declare their claims within a time limit, confirm the victims, and promptly inform them of relevant rights and obligations. For documentary evidence involved in the case, documentary evidence including illegal fund-raising plans, publicity methods, fund sources, fund management, use, flow, etc. should be obtained, focusing on the management, use, purpose of the collected funds and other documentary evidence that affect the qualitative nature of illegal fund-raising activities; For cases in which the financial accounts are complete and the defendant and relevant financial personnel can confirm the financial documents, the evidence collection should be based on the financial accounts; at the same time, because the judicial audit report is to determine the amount of illegal funds raised by the criminal suspects and defendants, the amount of losses, and the crime The main evidence of the amount is an important basis for conviction and sentencing. Therefore, for those with corresponding financial information, the investigating agency should generally entrust relevant units to conduct an audit or issue a judicial accounting opinion in a timely manner after filing the case for investigation. At the same time, when collecting evidence in illegal fund-raising criminal cases, we must closely follow the constituent elements of various illegal fund-raising criminal cases in order to distinguish one crime from another. For example, during the investigation process, we must pay full attention to collecting criminal suspects and defendants. Whether the person has evidence of illegal possession purpose can be used to distinguish whether the perpetrator commits the crime of illegally absorbing public deposits or committing the crime of fund-raising fraud. For those who commit a crime of rape, the role and status of each perpetrator in the crime of rape, the allocation, control or squandering of funds, etc., should be ascertained, so as to determine the role of the perpetrator in the crime of rape. role and status.

Legal objectivity: Article 176 of the "Criminal Law" Whoever illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts financial order shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 20,000 yuan but not less than 200,000 yuan. If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than RMB 50,000 but not more than RMB 500,000. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.