Article 30 of the "Criminal Law" Scope of Criminal Responsibility of Units Companies, enterprises, institutions, agencies, and groups that commit acts endangering society shall bear criminal responsibility if the law stipulates that the unit commits a crime.
Article 31 Principles of Punishment for Unit Crimes If a unit commits a crime, the unit shall be fined, and the persons directly in charge and other directly responsible persons shall be sentenced to penalties. If there are other provisions in this Law and other laws, the provisions shall prevail.
Criminal Law Article 175, Paragraphs 3 and 4 of the Crime of Obtaining Loans, Bill Acceptances, and Financial Instruments by Fraud? Obtaining loans, bill acceptances, letters of credit, and letters of guarantee from banks or other financial institutions by deceptive means etc., who causes heavy losses to banks or other financial institutions or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances. , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
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. ”
According to your description of “forging other rights certificates to defraud a loan of RMB 6 million”, I think it is consistent with the crime of defrauding a loan. This crime is easily confused with the loan defrauding. The difference is that the loan defrauding has the purpose of illegal possession. , and the purpose of fraudulently obtaining loans is only to obtain loan turnover, and I have never thought about illegal possession, and it will be paid off if conditions permit. Based on this, I believe that this behavior may constitute the crime of fraudulently obtaining loans.
Zhejiang Provincial Higher People’s Court, Zhejiang Province. Provincial People's Procuratorate and Zhejiang Provincial Public Security Department's "Meeting Minutes on Issues Concerning the Application of Laws in Handling the Crime of Fraudulent Loan Bills and Acceptance of Financial Instruments" 2. According to the provisions of the Criminal Law, the perpetrator obtains loans, bill acceptances, and financial instruments from banks or other financial institutions by deceptive means. , causing serious losses to banks or other financial institutions, shall be investigated for criminal liability. If the perpetrators obtain loans or bills from banks or other financial institutions by deception, they may be treated leniently. Acceptances and financial bills, the amount of which exceeds RMB 1 million but is less than RMB 5 million, but the credit funds have been repaid before the investigation authority files the case, and no direct economic losses are caused to banks or other financial institutions, or the perpetrator provides the funds with his own property If a guarantee is provided and the collateral is sufficient to repay the principal and interest of the loan, it can be deemed as "the circumstances are obviously minor and the harm is not serious" in Article 13 of the Criminal Law, and will not be treated as a crime.
The perpetrator obtained the bank or other financial services through deceptive means. If the amount of institutional loans, bill acceptances, and financial instruments exceeds 5 million yuan and does not cause direct economic losses to banks or other financial institutions, whether it is necessary to pursue criminal liability shall take into account the subjective malignancy of the perpetrator and the objective harm of the behavior, such as Determine the specific circumstances of the case, including whether the perpetrator has committed multiple or multiple deceptions in terms of credit, trade background, loan purpose, and collateral value, and whether it has caused economic losses to others.
If a person obtains a loan, bill acceptance, or financial instrument by deceptive means, causing a direct economic loss of more than 200,000 yuan to a bank or other financial institution, it shall be deemed a "significant loss" as stipulated in Article 175-1 of the Criminal Law.
According to the minutes of the above meeting in Zhejiang Province, if a person defrauds a loan of 6 million yuan and does not cause direct economic losses to a bank or other financial institution, whether he needs to be investigated for criminal responsibility also needs to comprehensively consider the subjective disgust and behavior of the perpetrator. Determine the specific circumstances of the case such as the objective harm and whether it has caused economic losses to others. Since you have not specifically informed the circumstances and whether it has caused economic losses, we cannot give an accurate answer. It is recommended that the loan be returned in time before the first instance judgment or the case. < /p>
According to Paragraph 4 of Article 175 of the Criminal Law, the persons directly in charge and other directly responsible persons to be investigated by the Criminal Law are not necessarily the persons directly responsible for the case. Legal persons may not be directly responsible for this case. If they are involved, they may be held responsible. Responsibility. See the answer above for the specific number of years.