What is the criminal liability for the crime of fraudulently purchasing foreign exchange?

Criminal liability for the crime of fraudulently purchasing foreign exchange: A person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 5% but not more than 30% of the amount of foreign exchange fraudulently purchased; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years and ten years. The following: fixed-term imprisonment and a fine of not less than 5% but not more than 30% of the amount of foreign exchange fraudulently purchased. Regarding the question of what the criminal liability is for the crime of fraudulently purchasing foreign exchange, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the criminal liabilities for the crime of fraudulent purchase of foreign exchange

1. Criminal liability for the crime of fraudulently purchasing foreign exchange: A person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 5% but not more than 30% of the amount of foreign exchange fraudulently purchased; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years and ten years. The following: fixed-term imprisonment and a fine of not less than 5% but not more than 30% of the amount of foreign exchange fraudulently purchased.

2. Legal basis: "Decision of the Standing Committee of the National People's Congress on Punishing the Crimes of Fraudulent Purchase of Foreign Exchange, Evasion of Foreign Exchange and Illegal Purchase and Sale of Foreign Exchange"Article 1. Anyone who fraudulently purchases foreign exchange in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 5% and 30% of the amount of foreign exchange fraudulently purchased. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 5% but not more than 30% of the amount of foreign exchange fraudulently purchased; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 5% but not more than 30% of the amount of foreign exchange fraudulently purchased, or shall have property confiscated:

(1) Using forged or altered customs declaration forms, import certificates, foreign exchange management department approval documents and other vouchers and documents issued by the customs;

(2) Reusing certificates and documents such as customs declaration forms, import certificates, and foreign exchange management department approval documents issued by the customs;

(3) Fraudulent purchases in other ways Forex.

2. What are the conditions for the crime of fraudulent purchase of foreign exchange

1. Subject The subject of this crime is a general subject, which can be constituted by both natural persons and units. In judicial practice, unit subjects are mostly foreign trade companies, enterprises or other units with import and export rights, but it does not exclude companies and enterprises without import and export rights that pretend to have import and export rights or seek to have import and export rights. Situations in which units conspire to commit fraudulent purchases of foreign exchange.

2. Subjective aspect: The subjective aspect is intentional, and negligence does not constitute this crime. That is, the perpetrator deliberately forges or alters customs vouchers and documents to obtain foreign exchange for the purpose of fraudulently purchasing foreign exchange, and hopes that this result will occur.

3. The object violated by this crime is the national foreign exchange management system.

4. The objective aspect is to violate national foreign exchange management regulations and use forged or altered customs declaration forms, import certificates, and foreign exchange management department approval documents issued by the customs. and other vouchers and documents, or reuse vouchers and documents such as customs declaration forms, import certificates, and foreign exchange management department approval documents issued by the customs, or use other methods to fraudulently purchase foreign exchange in large amounts.

The crime of fraudulently purchasing foreign exchange subjectively requires intentional implementation or knowingly knowing about the fraudulent behavior and continuing to commit it; the unit crime must be linked to illegal benefits; even if there is "surrender" However, because he cannot truthfully confess the facts of the crime, it cannot be regarded as a surrender; the amount of the crime and the culpability must be strictly distinguished between the principal offender and the accomplice, and the culpability should be appropriately matched; the fine must be imposed according to the standards prescribed by law. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.