1. What crimes may be constituted by foreign exchange transfer
According to the relevant laws of our country It stipulates that anyone who violates national regulations and deposits foreign exchange abroad without authorization, or illegally transfers domestic foreign exchange abroad, if the amount is relatively large, may constitute an escape crime.
"Criminal Law of the People's Republic of China"
Article 190 [Crime of Evasion of Foreign Exchange] 】If a company, enterprise or other unit violates national regulations and deposits foreign exchange abroad without authorization, or illegally transfers domestic foreign exchange abroad, and the amount is relatively large, the unit shall be sentenced to a penalty of not less than 5% but not more than 30% of the amount of foreign exchange evasion. A fine shall be imposed, and the person directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge or there are other serious circumstances, the unit shall be sentenced to not less than 5% but not more than 30% of the amount of foreign exchange evasion. A fine shall be imposed, and the person directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not less than five years.
2. The difference between the crime of foreign exchange evasion and the crime of smuggling
1. The objects violated are different. The object of this crime is the country's foreign exchange management system, which has nothing to do with import and export trade and its tariffs; while the object of the crime of smuggling is foreign trade control, the purpose of which is to supervise, manage and control import and export goods. Control, prevent the evasion of tariffs and prevent or restrict the import and export of materials that should not be imported or exported. It is closely linked to import trade and its tariffs.
2. The objects violated are different. The object of this crime is limited to foreign exchange; the object of the crime of smuggling is much broader than this crime. It includes all goods and articles that are prohibited or restricted from entering or exiting the country, including foreign exchange, or goods and articles that are subject to customs duties.
3. The objective aspects have different forms of expression. This crime objectively manifests itself as an act of evading foreign exchange. The external form of foreign exchange evasion is to transfer overseasThe foreign exchange obtained should be transferred back into the country without being repatriated, or the domestic foreign exchange should be transferred abroad without permission; however, the objective behavior of the crime of smuggling is that the perpetrator evades customs supervision and illegally transports, carries, and mails goods and articles into and out of the country (border). ) behavior.
4. The criminal subjects are different. The subject of this crime is a special subject, which is limited to state-owned companies, enterprises or other state-owned units, as well as the directly responsible managers and other directly responsible personnel of these units. Otherwise, this crime cannot be constituted. When a natural person commits a crime, it is obvious that the unit must constitute a crime. Otherwise, the crime cannot be constituted; the subject of the crime of smuggling is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can become the subject of this crime. . In addition, the unit may also constitute its crime.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, in violation of national regulations, foreign exchange is deposited overseas without authorization, or foreign exchange is transferred within the country. Illegal transfer of foreign exchange abroad, if the amount is relatively large, may constitute fugitive crime. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
