全国人民代表大会常务委员会关于惩治破坏金融秩序犯罪的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLES CONGRESS ON

（Adopted at the 14th Meeting of the Standing Committee of the Eighth National People's Congress on June 30， 1995， and promulgated by Order No. 52 of the President of the People's Republic of China on June 30， 1995） （Editor's Note： In accordance with the provisions of Article 452 of the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14， 1997， and effective on October 1， 1997， the provisions regarding administrative penalties and administrative measures in this Decision shall continue to be in force and the provisions regarding criminal liability have been incorporated into the revised Criminal Law）
颁布日期：19950630 　实施日期：19950630 　颁布单位：全国人大常委会

　　The following Decision is made in order to punish crimes against financial order such as currency forgery， finance bills swindling， letter of credit swindling and illegal collection swindling.

　　1. Whoever commits a currency forgery shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 100，000 yuan. Any of the following categories of persons shall be sentenced to a fixed-term imprisonment of not less than ten years， life imprisonment or death and be imposed confiscation of property concurrently：

　　（1） those principal criminal of the currency forgery group；

　　（2） those with especially huge amount of forged currency；（3） those with other especially serious circumstances.

　　2. Whoever sells or purchases forged currency or transports knowingly forged currency shall， if the amount involved is relatively huge， be sentenced to a fixed-term imprisonment of not more than three years or criminal detention， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge， he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan； if the amount involved is especially huge， he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment and be concurrently sentenced to confiscation of property.

　　Whoever from the staff of bank or other financial institutions purchases forged currency or takes advantage of duties to exchange currency with forged currency shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge and the circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment and be concurrently sentenced to confiscation of property； if the circumstances are minor， he shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention， and be concurrently sentenced to a fine or be independently sentenced to a fine ranging from 10，000 to 100，000 yuan.

　　Whoever forges currency and sells or transports the forged currency shall be given a heavier punishment in accordance with the provision of Article 1.

　　3. Whoever smuggles forged currency shall be punished according to the relevant provisions of the Supplementary Provisions on Punishment of Smuggling by the Standing Committee of the National People's Congress.

　　4. Whoever holds or uses knowingly forged currency shall， if the amount involved is relatively huge， be sentenced to a fixed-term imprisonment of not more than three years or criminal detention， and be concurrently sentenced to a fine ranging from 10，000 to 100，000 yuan； if the amount involved is huge， he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging fro

m 20，000 to 200，000 yuan； if the amount involved is especially huge， he shall be sentenced to a fixed-term imprisonment of not less than ten years and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan or confiscation of property.

　　5. Whoever alters currency shall， if the amount involved is relatively huge， be sentenced to a fixed-term imprisonment of not more than three years or criminal detention， and be concurrently sentenced to a fine ranging from 10，000 to 100，000 yuan； if the amount involved is huge， he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan.

　　6. Whoever establishes a commercial bank or other financial institution without authorization by the People's Bank of China shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention， and be concurrently sentenced to a fine or be independently setenced to a fine ranging from 20，000 to 200，000 yuan； if the circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan.

　　Whoever forges， alters or transfers an operating license of bank or other financial institution shall be punished according to the provisions of the proceeding paragraph.

　　Whichever working unit commits the crimes mentioned in the two proceeding paragraphs shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of paragraph 1.

　　7. Whoever illegally absorbs the savings account of the public or absorbs the savings account of the public in disguised form disturbing the financial order shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention， and be concurrently sentenced to a fine or be independently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge and the circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan.

　　Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.

　　8. For the sake of illegal possession whoever illegally collects capital in method of swindling shall be sentenced to a fixed-term imprisonment of not more than three years or criminal detention， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge and the circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than three years and not more than ten years， and be concurrently sentenced to a fine ranging from 50，000 to 500，000 yuan； if the amount involved is especially huge and the circumstances are especially serious， he shall be sentenced to a fixed-term imprisonment of not less than ten years， life imprisonment or death penalty， and be concurrently sentenced to confiscation of property.

　　Whichever working unit commits the crimes mentioned in the proceeding paragraph shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the proceeding paragraph.

　　9. Against the provisions of the laws and administrative regulations whoever from the staff of a bank or other financial institution issues a credit loan or a guaranteed loan to his parties with more favorable condition than to other borrowers for the

same kind of loans shall， if the relatively huge loss is caused， be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 10，000 to 100，000 yuan； if the major loss is caused， he shall be sentenced to a fixed-term imprisonment of not less than five years and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan.

　　Against the provisions of the laws and administrative regulations whoever from the staff of a bank or other financial institution neglects his duty or abuses his power to issue loans to other than his parties shall， if the major loss is caused， be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 10，000 to 100，000 yuan； if the especially huge loss is caused， he shall be sentenced to a fixed-term imprisonment of not less than five years and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan.

　　Whichever working unit commits the crimes mentioned in the two proceeding paragraphs shall be sentenced to a fine， and the direct responsible person in charge and other direct responsible personnel shall be punished according to the provisions of the two proceeding paragraphs.

　　10. Any of the following categories of persons， for the sake of illegal possession， swindles the loans of a bank or other financial institution with relatively huge amount involved shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention， and be concurrently sentenced to a fine ranging from 20，000 to 200，000 yuan； if the amount involved is huge or other circumstances are serious， he shall be sentenced to a fixed-term imprisonment of not less than five years and not more than ten years， and be

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