1. What criminal liability can be pursued for the crime of fraudulent purchase of foreign exchange
1. If a company, enterprise or other unit violates state regulations by depositing foreign exchange abroad without authorization, or illegally transferring domestic foreign exchange abroad, and the amount is relatively large, the unit shall be fined not less than 5% but not more than 30% of the amount of foreign exchange evasion. , and the person directly in charge and other directly responsible personnel 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 a fine of not less than 5% but not more than 30% of the amount of foreign exchange evasion. , and the persons directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not less than five years.
2. Legal basis:
"Criminal Law of the People's Republic of China" Article 190 Article 1 [Crimes of foreign exchange evasion] State-owned companies, enterprises or other state-owned units, in violation of national regulations, deposit foreign exchange abroad without authorization, or illegally transfer domestic foreign exchange abroad. If the circumstances are serious, the unit shall be fined and shall be directly responsible. The person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
2. What is criminal procedure?
1. Criminal procedure refers to the process by which the judicial, procuratorial and investigative organs With the participation of the parties and litigation participants, litigation activities are carried out to resolve the criminal liability issues of the person being prosecuted in accordance with legal procedures.
2. Criminal proceedings mainly include five stages: case filing, investigation, prosecution, trial and execution.
3. Case filing refers to the public security organs, People’s Procuratorate, and People’s Court’s filing of reports, accusations, reports, and the surrender of criminals.To review the materials to determine whether there are criminal facts and to investigate criminal liability, and to decide in accordance with the law whether to submit it to investigation or trial as a criminal case; investigation refers to the legal activities carried out by specific judicial organs to collect, identify, confirm crimes and seize criminals in accordance with the law. Special investigation work and relevant compulsory measures taken; there are two types of prosecutions, including public prosecution and private prosecution; trial refers to the people's court, with the participation of the prosecution, defense and other litigation participants, in accordance with the legal authority and procedures, for the legal proceedings Litigation activities are the trial and adjudication of criminal cases in which the criminal case is filed; execution refers to the activities carried out by the criminal execution agencies in order to implement the content determined by the judgments and rulings that have taken legal effect. In our country, the main subjects of criminal execution are the people Courts, public security organs and prisons, etc.
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