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Financial crime

Concept

 

Article 13 of criminal law has made an accurate and complete definition by combining extension and connotation; Financial crime is a kind of crime, and its connotation can be investigated from the perspectives of Criminology and finance.

From the perspective of criminology, financial crime refers to all acts that violate the socialist financial management order and should be punished by criminal law.

From the perspective of finance, financial crime refers to all criminal acts that destroy China's capital accumulation and distribution system.

Financial crimes directly or indirectly infringe on China's financing system, hinder or distort the circulation of money, restrict or destroy the provision of credit, and endanger the normal operation of China's financial institutions and financial markets.

 

Diversification

 

Not only do commercial banks have financial crimes from time to time, but also the people's Bank of China system and other non bank financial institutions that exercise the function of supervision and coordination have all kinds of financial crimes, and financial crimes spread throughout the financial industry. Its criminal subject involves not only natural persons, but also units; There are not only those who understand financial professional knowledge, but also those who do not understand financial professional knowledge; There are both staff of financial institutions and social idle personnel of non-financial institutions; There are both domestic and foreign criminals.

 

Concealment

 

1. The concealment of criminal means. Most financial crimes are fraud, which is calm on the surface and hidden crisis in reality.

2. The concealment of the harmful results of financial crime. The harmful results of financial crime often appear after a period of time.

3. The concealment of the identity of the criminal subject. Most of the criminal subjects are internal staff of financial institutions. Under the cover of their legal identity, they take the opportunity to be familiar with their business or perform their business, violate financial regulations and systems, or take advantage of omissions in laws and management systems to commit crimes, which is not easy to be suspected and found.

 

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