The Investigation Of Cases Of Illegal Fund-raising In Heilongjiang Province

In recent years, due to illegal fund-raising cases involving complex practiceprocuratorial organs encountered in the processing of these cases, such as the nature ofthe crime, finds difficult to grasp, collect, fixed evidence is difficult, prone to theprosecution leakage guilty and the prosecution how to better to carry out theinvestigation and prosecution work is difficult to grasp the legal issues and practicalproblems. Therefore, it is necessary to research from procuratorial practical point ofview, the cases of illegal fund-raising for the province in recent years procuratorialorgans, procuratorial organs in the province to deal with such cases in the future toprovide a reference. The first chapter of the procuratorial organs in HeilongjiangProvince, to handle cases of illegal fund-raising and the main features of the review andsummarize. The second chapter analyzes the main problems in the HeilongjiangProvincial Prosecutor authority for illegal fund-raising criminal cases. These problemsare mainly in six areas: some cases of crime or this crime and other crimes to grasp aproblem; allowed to grasp the scope of the other persons directly responsible unit crime;prosecution can not accurately tell whether intermediaries; in illegal the illicit proceedsof the fund raising profit out difficult recovery; prosecution range is not uniform, thereis the possible leakage guilty; illegal fund-raising collection of criminal cases, fixedevidence is difficult, the case Tuibu rate higher. This departure from the main problemsin the Attorney practice, handling cases of illegal fund-raising related comments andsuggestions. Section cases of illegal fund-raising legal issues applicable: the specificsocial object "should clearly define the boundaries correctly grasp the illegalfund-raising; accurately distinguish the crime of illegal deposits from the public andfinancial fraud; correctly grasp specific implementation units criminal offense and playa greater role in the criteria; explicitly investigated for criminal responsibility of the scope of intermediaries; collection distinction profit out illegal interests. In order tobetter solve the problem of prosecution in cases of illegal fund-raising, not unifiedcollection, fixed evidence is difficult, very difficult to restore victim losses, this chapterSection II issues should focus on the operation of the judicial practice grasp andimprove the work mechanism to make recommendations mainly: to build evidencecollection system on cases of illegal fund-raising, and to improve the quality of theprosecution investigators. To clear the organic unity of the main points of the proof ofthe crime involved, building the illegal fund-raising criminal offenses covered by theevidence framework, to further reinforce the examination and prosecution evidence base;correctly apply temper justice with mercy criminal policy, legal and social effects ofillegal fund-raising cases. Through the grasp of the situation and policy of combiningpunishment with leniency and strict to distinguish Zuiyufeizui, felony and misdemeanor,this crime and other crimes, and good disintegration of illegal fund-raising criminals;strengthen coordination and cooperation between the departments, set up to deal withcases of illegal fund-raising linkage mechanism. To establish the system ofcommunication of information between the sound and relevant administrativesupervision department, and complaint investigation and oversight mechanisms for theinvestigation and supervision department, take full advantage of indictable guidinginvestigation mechanism, the establishment of a consultation mechanism between thesound and the court to ensure the quality and effectiveness of handling the case;effectively protect the legitimate rights and interests of victims, efforts to promote socialharmony and stability.