The Supreme Court of Zhejiang province "specific comments about some problems in the implementation of the criminal law (a)"

The Zhejiang Provincial Higher People's court criminal tribunals specific opinions about some problems in the implementation of the criminal law (a)

ZG punishment by Law No. [1999]1
Effective April 12, 1999

In order to correctly apply criminal law about criminal cases, standard of my province criminal trial work, we hereby put forward the following opinions on the concrete problems of criminal law in the real Yan, the court for internal reference, such as inconsistent with the provisions of relevant laws, the judicial interpretation, should be based on relevant laws, the judicial interpretation shall prevail.

First, about the general principles of criminal law
1, after the revision of the criminal law judicial interpretation issued by the Supreme People's court shall strictly implement the provisions of the relevant laws, judicial interpretations and together as a judgment or ruling basis, should be quoted in judicial documents. The judicial interpretation of criminal law and the relevant provisions of the revised the previous school. And the provisions of the criminal law and the legislation spirit no principle of conflict, in the absence of new regulations before the trial of the case can be handled in accordance with the time.
2, article twelfth of the criminal law. The term "the law", refers to the behavior of the law, including the subsidiary criminal provisions in criminal law of 1979 and formulated by the NPC Standing Committee to pour, supplementary provisions, decisions and other legal.
3, article twelfth of the criminal law "in sentences is light", including not only the legal punishment of the criminal law amendment before and after comparison, also includes a comparison to the relevant provisions of the conviction and sentencing in general.
4, after October 1, 1997 September 30, 1997 occurred before the trial of criminal cases, except the criminal law was not deemed a crime and criminal law conviction and punishment standards, legal punishment light and the behavior of the law, shall be in accordance with the law the behavior of conviction and punishment.
5, October 1, 1997 after the trial of September 30, 1997 occurred before the criminal case, determine the applicable law according to Article twelfth of the criminal law, in accordance with the doctrine also apply to criminal law and criminal law in 1979, the NPC Standing Committee formulated relevant regulations, supplementary provisions, decisions or other legal the subsidiary criminal provisions.
6, after the October 1, 1997 hearing before September 30, 1997 criminal cases, whether criminal law or the behavior of the law, shall refer to the first paragraph of article twelfth in the judgment of criminal law.
7, in accordance with the provisions of article twelfth of the criminal law is "sentences is light", if the criminal law than the behavior law, reduce the principal penalty increases imposed additional punishment, should think criminal sentences is light, but can not impose additional punishment.
8, to cross the new before and after the implementation of the act should be applicable to crime, at the end of the law for the crime; span continuous before and after the implementation of and other same crimes (including charges change), referring to article eighty-ninth of the criminal law on the principle of prosecution shall, at the end of the law for behavior.
Compared with the 1979 Criminal law punishment principle 9, the general principles of criminal law and the principal, accomplice, accomplice under duress, the provisions of the criminal code of lighter.
10, after the October 1, 1997 hearing before September 30, 1997 joint crimes, if applicable, the same law, on the part of the defendant reflects light, on the part of the defendant and the heavier, should be in accordance with the principle of article twelfth of the criminal law with the old and light decides the different application of law on the defendant.
11, in accordance with the "company law" provisions, set up in China's non state owned, collective property of the limited liability company, Limited by Share Ltd, or set up as a limited liability company, Limited by Share Ltd's non state owned, collective nature of the enterprise, as the subject of the unit crime.
But for the illegal and criminal activities and the establishment or not engaged in a normal, legitimate business activities of the limited liability company, Limited by Share Ltd, engaged in criminal activity, according to personal crime.
12, unit and individual crime, according to the provisions of the criminal law respectively determine the criminal responsibility and punishment.
13, companies, enterprises, institutions, organizations, groups for the interest of the unit, the other crime as a crime not criminal law by unit or by the person responsible for the decision to decision and the implementation of the principle, the persons directly in charge and the other persons directly responsible individual crime.
14, the full 14 years of age under the age of 16, except for the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime shall bear criminal responsibility, commits other crimes shall not bear criminal responsibility. But in the other sin the implement of the crime, the crime shall be convicted and punished. Such as, the full 14 years of age under the age of 16 kidnapping and killing the kidnapped person, not the crime of kidnapping, and should be punished as the intentional homicide.
15, if the defendant shall be sentenced to fine penalty, must also impose or single fund punishment. The criminal law and judicial interpretation has not stipulated the specific amount of fine penalty standards or the amount standard, should be combined with specific circumstances of cases, such as the illegal income amount, the degree of damage circumstances to determine the minimum amount, be sentenced to a fine of 1000 yuan.
16, according to the defendant committed several crimes were sentenced to fine penalty should be punished, the amount of the fine, will add to the total amount, execution.
17, be sentenced to a fine, it shall specify the pay period in the judgment, the specified time shall be within 6 months, can generally be described as "limit pay x months after the entry into force of the decision."
Forced to pay 18, Fa Jinxing should be Court Executive departments. If the defendant is overseas, may entrust the defendant to court for enforcement, and commissioned by the court shall be turned over to the local treasury.
19, according to the defendant committed several crimes were sentenced to deprivation of political rights, shall be punished when. In addition to sentenced to deprivation of political rights for life outside, should be in the sum of the sentence below, above the maximum number of punishment, decided to be executed, but not more than five years.
20, the defendant sentenced to confiscation of property, should contain the name, the confiscation of property in the judgment number.
21, the law can choose sentenced penalty or forfeiture of property, try to choose sentenced penalty.
The 22 sentence, confiscation of all the property, should keep the necessary living expenses for the accused person and raising families in accordance with the law. "The necessary living expenses" to determine the standard is: the defendant sentenced to life imprisonment or death of raising families, should take the verdict was 10 times as much as the family residence of the minimum living standard to determine the amount should be retained for living expenses. To be sentenced to 10 years in prison for the defendant personal and family members, should take the effective judgment when the defendant and raising families in place of the standard of minimum living guarantee 1 times, determine the reserved for the defendant's cost of living; to 5 times the minimum living security standard, determine the support for the defendant's family retained the cost of living.
The defendant "raising families," the defendant in custody before, by the who are minors or frail lack of immediate family labor ability and relatives of other rely on its support of the lack of ability to work nor a source of long-term living together.
23, article sixty-third of the criminal law "shall be sentenced to a punishment" below the legally prescribed punishment, refers to the defendant with criminal law of mitigating circumstances, should first determine the range of statutory penalty according to the crime, then the minimum statutory penalty in the legal punishment scope sentenced shorter or lighter sentence kind of penalty.
24, article sixty-fifth of the criminal law "the punishment has been completely executed" refers to the completion of the execution of punishment.
25, in does not violate the principle of suiting punishment to crime under the premise, for a committed several crimes should be punished, should try to avoid a different kind of penalty. For a committed several crimes, sentenced to a punishment, decided to implement the punishment, punishment should be used to absorb light punishment principle, to determine the specific implementation of the penalty, which also sentenced to public surveillance, detention and prison, only the execution in prison; at the same time a supplementary punishment shall execute the penalty, and merge.
The provisions in the third paragraph of the criminal law 26, seventy-third "judgment day", refers to the day of judgment takes legal effect. '
27, article eighty-eighth of the criminal law stipulated in the second paragraph "complaint", refers to the victim has evidence to prove that the criminal suspect to infringe upon their personal, property rights, and proposed to the public security organs, people's Procuratorate or the people's court shall be investigated for criminal responsibility of the crime suspect requests.

Two, about the specific provisions of criminal law
28, the provisions of article 133rd of criminal law in crime of causing traffic casualties "escape from death", refers to the behavior of people fled the scene of the accident after the traffic accident, causing the victims due to lack of timely medical treatment and death.
Behavior after the traffic accident because of traffic accident suffered injury victim away from the scene of the accident after the hidden abandoned, causing the victims due to lack of timely medical treatment and death, should be punished as the intentional homicide.
29, article 140th of the criminal law of producing, selling fake or substandard products regulations "sales amount", refers to the sale of fake and shoddy products producers, sellers not deduct all illegal income tax cost, etc..
Behavior produced a large number of fake and shoddy products and somehow failed to sell because, as well as to production or sales and the purchase of a large number of fake and shoddy products after they have been seized, if the circumstances are serious, belong to attempted crime. Behavior of human production or buy shoddy products amount, can be used as sentencing plot to be considered.
30 refers to the crime of smuggling, smuggling of cultural relics prohibited export of cultural relics. Smuggling cultural relics entry behavior, it shall be treated according to smuggle the ordinary goods.
31, do not know is counterfeit and stolen, if I have a large amount of counterfeit money, with larceny (attempted) be punished; knowing that is counterfeit and theft, according to the specific circumstances of the case, to hold, use, sale, transport of counterfeit currency crimes penalty conviction.
32, sale, purchase, transport behavior of counterfeit money crimes, while the use of counterfeit behavior, in accordance with the provisions of article 171st of the criminal law, the purchase of counterfeit currency crimes, conviction to sell, transport, he shall be given a heavier punishment.
33, article 187th of the criminal law, the bank or other financial institution staff "customer funds are not accounted for by absorption, funds will be used for illegal lending, loans", refers to the behavior of people agreed with the customer, the customer capital is not credited to the bank account, used for illegal demolition, to borrow loans. If an actor has no agreed with the customer, by taking advantage of the customer funds for illegal lending, loans, shall be punished in accordance with article 272nd of the criminal law of the crime of misappropriation of funds or article 384th of the criminal law of the crime of misappropriating public funds crime.
Article first paragraph 34, the criminal law 201st, the percentage of the amount of tax evasion tax payable shall be accounted for, refers to the amount of tax evasion tax evasion tax period should be paid a percentage of the total. If the stolen tax involves two or more categories of taxes, as long as one to the crime constitution standard, other taxes the amount should be included in the stolen from the amount of tax evasion.
35, in the case of both the implementation of the rape of women's behavior and implementing the carnal knowledge of a child's behavior, in order to rape and convicted of the crime of carnal knowledge of a child, a combined punishment for several crimes.
The behavior of people in case of rape women and carnal knowledge of a child's behavior of women, young girl respectively did not reach many people and a total of more than one person, in sentencing the two crimes are considered criminal punishment decision shall be in accordance with article 236th of the criminal law of the third paragraph of article (two) the provisions of item, decide the punishment should be there in more than 10 years in prison.
36, article 238th of the criminal law "for repayment of the debt illegal arrest, detention of a person" in the "debt", not including illegal debt.
37, the "household robbery", refers to the behavior of people in residential or home courtyard robbery behaviour.
For a burglary, fraud, plunder and into the robbery, should according to the specific circumstances to determine whether belongs to the "household robbery". If violence is not used, or are found to escape and the use of mild violence, or fled to the outdoor use violence, not to "housebreaking" theory.
38, "robbery on public transportation", refers to is engaged in passenger transportation taxi, bus, train, all kinds of ships, aircraft can take digital not special passengers and are motor vehicles passenger operators in the robbery and the implementation of the robbery to intercept. For no other passengers on public transport, and our staff on the implementation of the robbery, not to "rob" on public transport theory.
39, "robbing a bank or any other financial institution", refers to the robbery of a bank or other financial institutions operating funds, securities and customers in the capital, including robbery armored car executive armored task banks or other financial institutions are, not including rob the bank or other financial institutions, office supplies transport behavior of property.
40, "armed robbery" in guns, refers to the gunpowder or compressed gas as power, with a barrel for emission metal bullets or other substances, all kinds of guns to cause person casualties or loss of consciousness.
41, the waste telephone card magnetizing after continued use, resulting in loss of large amount of charges, convicted and punished as theft.
42, attempted theft, but can clear the calculation of larcenous amount, and in accordance with the standards of conviction, shall be convicted and punished as theft.
43, the use of forged identity cards or using other people's identity card and other people's names or hire others to use the person's identity card to buy mobile phone use, resulting in loss of large amount of calls, judged and punished as crime of fraud.
44, the sale of fake telephone card fraud of public or private property, amount is large, the fraud conviction and punishment.
45, the crime of affray, generally refers to for hegemony, retaliate, thrill seeking, rogue motivation and gathered people were fighting each other's behavior. Commit the affray crime, should pay attention to and for civil disputes, neighborhood disputes and fight each other behavior of phase difference.
46, the crime of affray, causing serious injury, death, the provisions of paragraph second the following three people take the criminal law 292nd, in accordance with the provisions of article 234Th of the criminal law, article 232nd of the crime of intentional injury, intentional homicide crime: (a) the ringleaders; (two) in the affray, directly caused the death of injured human behavior; (three) the affray directly causing serious injury, death of human behavior cannot be ascertained, the common people but to distinguish the causing serious injury, death.
47, stir up trouble, they beat the others, if assault causing serious injury, should be the crime of intentional injury shall be convicted and punished; if beaten only by minor injuries, should continue to stir up trouble crime conviction and punishment.
48, affray, any damage to public and private property, if damaged huge amount of public or private property, shall be convicted and punished for the crime of intentional destruction of property.
49, that stir up trouble crime, should pay attention to grasp the "plot" statutory requirements. Article 293rd of the criminal law act has listed four acts in two or more than two, but each behavior did not reach the requirement of the "plot" requirements, is still not to the crime.
50, people in the case of both induce women to prostitution, and induce precocious prostitution, prostitution and should be set to lure lure younger child prostitution crime, a combined punishment for several crimes.
51, the criminal law 315th stipulation "detention in accordance with the law, criminal" is in accordance with the statutory procedures, the people's court convicted and sentenced to deprivation of Liberty Penalty, sent to prison or another place for the execution of the criminal punishment.
52, non national staff and the national staff of the joint by taking advantage of national staff, embezzle, steal, cheat or by other means of illegal possession of public property, the corruption conviction and punishment.
53, non State-Owned Company, enterprise and other non state owned units by a State-Owned Company, enterprise or any other state owned units assigned personnel engaged in official business and the units of the other staff were using their own position, the common will of the property units have been accounted for or misappropriate the funds for the unit, by a State-Owned Company, enterprise or any other state owned units assigned personnel engaged in official business, with corruption or embezzlement conviction and punishment; for other people, to be convicted and punished embezzlement or crime of misappropriation of funds.
54, the actor has personnel of state organs, enterprises, public institutions and State-Owned Company staff at the same time, identity, crime during the performance of their duties, if the crime is to use or implementation of state organ staff based on the identity of staff, in accordance with the provisions of relevant state organs crime criminal conviction and punishment; if the duty crime is to use or implementation personnel in institutions, State-Owned Company, enterprise based on the identity, to be convicted and punished according to provisions of relevant State-Owned Company, enterprise, institution staff crime in criminal law.

Three, about the amount standard
(a) in reference to the judicial interpretation of the amount standard
55, article 133rd of the criminal law of the crime of causing traffic casualties, with 60000 yuan for the "resulting in serious losses to public or private property of the standard starting point".
56, article 163rd of the criminal law, the crime, "large amount" of 15000 yuan of above, "huge amount" of 100000 yuan.
57, article 170th of the criminal law of the crime of counterfeiting currency, counterfeit currency equivalent to RMB 500 yuan, the total face value less than 15000 yuan or dollar amount in 50 less than 1500, the sentencing in accordance with the first gear; counterfeit currency total par value is equivalent to RMB 15000 yuan or dollar amount in 1500 to, belong to "forge the monetary amount involved is especially huge", according to the second file execution.
58, article 173rd of the criminal law of the crime of altering currency, the total value more than 500 yuan or the quantity of money 50, above the "large amount"; the total value of 15000 yuan or dollar volume for more than 1500 pieces as "a huge amount of".
59, article 192nd of the criminal law of the crime of fraud, person with 200000 yuan, 500000 yuan for the unit to "start a huge amount of people"; to 1000000 yuan to 2500000 yuan, unit as a "starting point for huge amount".
60, article 193rd of the criminal law of the crime of loan fraud, to 10000 yuan for the starting point of "large amount"; to 50000 yuan a "huge amount '' starting point; to 200000 yuan for the starting point of" huge amount ".
61, article 194th of the criminal law of the crime of bills defraud, person with 5000 yuan to 100000 yuan, unit as a "starting point for large amount"; person with 50000 yuan to 300000 yuan, unit as a "starting point for a huge amount of people"; to 100000 yuan to 1000000 yuan, unit as a "starting point for huge amount".
62, article 195th of the criminal law crime of fraud on letter of credit, personal to 100000 yuan to 500000 yuan, unit as a "starting point for a huge amount of people"; to 500000 yuan to 2500000 yuan, unit as a "starting point for huge amount".
63, article 196th of the criminal law of the crime of credit card fraud, to 5000 yuan for the starting point of "large amount"; to 50000 yuan for the starting point of "huge amount"; to 200000 yuan for the starting point of "huge amount".
64, article 198th of the criminal law of the crime of insurance fraud, person with 10000 yuan to 50000 yuan, unit as a "starting point for large amount"; person with 50000 yuan to 250000 yuan, unit as a "starting point for a huge amount of people"; to 200000 yuan to 1000000 yuan, unit as a "starting point for huge amount".
65, article 205th of the criminal law making out special invoices for value-added tax, for export rebates, tax invoices to Xukai tax 10000 yuan, or any invoice that tax cheating 5000 yuan for the conviction of the standard starting point.
100000 yuan Xukai tax "large amount" starting point for Xukai invoice; the state taxes were swindled 50000 yuan of above, or because of falsely making out invoice has been subjected to criminal punishment, or other serious circumstances, which belongs to the "other serious circumstances".
500000 yuan Xukai tax "huge amount" starting point for making out invoice; the state taxes were swindled 300000 yuan of above; or Xukai tax amount is close to the huge and other serious circumstances, or other especially serious circumstances, belong to "other especially serious circumstances".
1000000 yuan for tax fraud "huge amount" starting point; causing the loss of national tax 500000 yuan in investigation and the end still unable to recover, which belongs to the "especially heavy losses are caused to the interests of the state".
66, article 206th of the criminal law, the sale of counterfeit forged exclusive value-added tax invoices crime, to forge or sell forged exclusive value-added tax invoices or tickets for 25 cumulative point standard 100000 yuan for conviction.
By 100 or face amount totaled 500000 yuan "the beginning of a large number of"; the amount of illegal income 10000 yuan of above, or forged and sells forged special invoices for value-added tax more than 60 tickets for a total of more than 300000 yuan, or cause serious consequences or has other serious circumstances, which belongs to the "other serious circumstances".
By 500 or face amount totaled 2500000 yuan for the "start a huge number"; the illegal income is in 50000 yuan of above, or forged and sells forged special invoices for value-added tax more than 300 tickets for a total of more than 2000000 yuan, or forged and sells forged special invoices for value-added tax is close to the huge and the other circumstances are serious, or if the consequences are especially serious or has other especially serious circumstances, belong to "other especially serious circumstances."
To forge and sell forged exclusive value-added tax invoices or tickets for 1000 copies of a total of more than 10000000 yuan as the "starting point number of great"; illegal income amount is in 50000 yuan of above, or cause the state taxes were swindled 1000000 yuan of above, or to the state taxes caused by the actual loss of 500000 yuan of above, or other especially serious circumstances "if the circumstances are especially serious, belong to".
67, article 207th of the criminal law. The illegal sale of value-added tax invoices crime, the illegal sale of 25 copies of VAT invoices or tickets denomination accumulating beginning standard 100000 yuan for conviction; by 100 or face amount totaled 500000 yuan for the starting point of "large amount"; by 500 or face amount accumulated 2500000 yuan as the "starting point a huge number of".
68, article 208th of the criminal law of the illegal purchase of exclusive value-added tax invoices, purchase forged special invoices for value-added tax invoices crime, to buy 25 tickets for the starting point or cumulative standard 100000 yuan for conviction.
69, article 209th of the criminal law of illegally manufacturing, selling illegal manufacturing for export rebates, tax invoices, to 50 as the starting point of the standard of conviction; 200 copies of "the beginning of a huge number"; in 1000 as the "starting point number of great".
70, article 210th of the criminal law, theft of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction of 25 above, belong to "large amount" of theft; theft 250 above, belong to "a huge amount of theft; theft" 1000 above, belong to "a huge amount of theft".
Fraud of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction of 50 above, belong to "large amount" of fraud; fraud 500 above, belong to "a huge amount of fraud".
71, article 224th of the criminal law of the crime of contract fraud, the individual to obtain 4000 yuan, 100000 yuan for the unit to defraud the starting point of "large amount"; individual to obtain 50000 yuan, 300000 yuan for the unit to defraud the starting point of "huge amount"; individual to obtain 200000 yuan, 1000000 yuan for the unit to defraud the amount involved is especially huge "starting point".
72, article 266th of the criminal law of the crime of fraud, to 4000 yuan for the starting point of "large amount"; to 50000 yuan for the starting point of "huge amount"; to 200000 yuan for the starting point of "huge amount".
73, article 271st of the criminal law of the crime of duty encroachment, to 15000 yuan for the starting point of "large amount", to 100000 yuan for the starting point of "huge amount".
74, article 272nd of the criminal law of the crime of misappropriation of funds, to 30000 yuan for the starting point of "large amount".
75, article 345th of the criminal law first crime of felling trees, "the starting point, a large number of" forest of 2 cubic meters or saplings of 100 strains of non forest area, 1 cubic meters or saplings of 50 strains of "starting point; a huge number of forest", 20 cubic meters or saplings of 1000 strains of non forest area, 10 cubic meters or saplings of 500 strains; "point number of great", forest area is 100 cubic meters or saplings of 5000 strains of non forest area, 50 cubic meters or saplings of 2500 strains.
76, article 345th of the criminal law second kinds of crime of wanton cutting of forest, "starting point, a large number of" forest of 10 cubic meters or saplings of 500 strains of non forest area, 5 cubic meters or saplings of 250 strains of "starting point; a huge number of forest", 100 cubic meters or saplings of 5000 strains of non forest area, 50 cubic meters or saplings of 2500 strains.
(two) the amount of other reference standard
77, article 115th of the criminal law, will set fire water, explosion, poisoning, the crime of endangering public safety, to 50000 yuan for the "resulting in serious losses to public or private property of the standard starting point".
78, article 158th of the criminal law of the crime of false registered capital 1000000 yuan, with false or false statutory minimum amount of the registered capital of more than doubled as a "starting point for huge amount".
79, article 159th of the criminal law, the crime of false capital withdrawing, the false capital contribution, withdrawing the above 300000 yuan and accounted for the contributions to 30% as a "starting point for huge amount".
80, article 164th of the criminal law on the company, the enterprise personnel bribery, individual bribes to 15000 yuan for the "large amount, 'starting point, to 100000 yuan for the" start a huge amount of unit bribery; "30000 yuan" starting point "big amount, to 200000 yuan a" huge amount "starting point.
81, article 165th of the criminal law of the crime of illegal business operations, to the illegal profit of 80000 yuan for the starting point of "huge amount", to the illegal profit of 400000 yuan for the starting point of "huge amount".
82, article 166th of the criminal law crime of illegal profiteering for relatives, resulting in one of the national property loss of 60000 yuan of above belong to great loss situation, one of the loss of 300000 yuan of above is especially heavy losses.
83, article 167th of the criminal law, the crime of dereliction of duty was signed contract, resulting in one of the national property loss of 100000 yuan of above belong to great loss situation, one of the loss of 500000 yuan of above is especially heavy losses.
84, article 169th of the criminal law, the crime of bankruptcy play favouritism and commit irregularities caused by loss of "heavy losses", refers to the amount of loss in more than 100000 yuan and the total amount of registered capital of more than 30% or a loss in the amount of 500000 yuan.
85, article 169th of the criminal law play favouritism and commit irregularities shares, low-priced to sell state-owned assets crime, resulting in one of the national property loss of 100000 yuan of above belong to great loss situation, one of the loss of 300000 yuan of above is especially heavy losses.
Article first paragraph 86, sale, purchase, transportation of criminal law 171st counterfeit currency crimes, "large amount" of 1000 yuan or dollar amount 100 above; "huge amount" of 30000 yuan or dollar amount more than 3000 "; if the amount involved is especially huge" for counterfeit money amount more than 100000 yuan or dollar amount more than 10000 photos.
87, article 171st of the criminal law second financial staff, to buy counterfeit counterfeit money in exchange for the crime of money, 500 yuan more than the total amount or quantity of money, more than 50, according to the article l file sentencing; the total face value of 5000 yuan or above or the quantity of money, more than 500, belong to "a huge amount of".
88, article 172nd of the criminal law, the crime of using counterfeit money holdings, the total value of more than 2000 yuan or the quantity of money, more than 200 pieces of "large amount"; the total face value of 30000 yuan of above or quantity of money, more than 3000 as a "huge amount"; the total value more than 100000 yuan or the quantity of money more than 10000 pieces as "a huge amount of".
89, article 176th of the criminal law of the crime of illegal absorbing public deposits, illegal absorption or disguised absorbing public savings of more than 500000 yuan, 200000 yuan more than the illegal profits, directly cause depositors loss of 200000 yuan or more, or have other adverse circumstances, the general should be investigated for criminal responsibility; illegal absorption or disguised absorbing public savings of 2500000 yuan of above, can be regarded as "a huge amount of".
90, article 192nd of the criminal law of the crime of fraud, to 40000 yuan to 100000 yuan, unit as a "starting point for large amount".
91, article 197th of the criminal law crime of securities fraud, to 5000 yuan for the starting point of "large amount"; to 50000 yuan for the starting point of "huge amount"; to 200000 yuan for the starting point of "huge amount".
92, article 204th of the criminal law of the crime of defrauding export tax rebates, to 10000 yuan for the starting point of "large amount"; to 100000 yuan for the starting point of "huge amount"; to 300000 yuan for the starting point of "huge amount".
93, article 213rd of the criminal law of the crime of counterfeiting registered trademarks, the amount of illegal income in 20000 yuan of above, or the sales amount is in 100000 yuan of above, or by the administrative department for Industry and Commerce counterfeiting registered trademark was more than two times the administrative punishment and counterfeiting a registered trademark, or counterfeiting of registered trademarks of medicinal, resulting in adverse social impact, or counterfeiting a registered trademark of international influence of, can be regarded as "serious"; illegal income amount is in 100000 yuan of above, can be regarded as "the circumstances are especially serious".
94, article 214th of the criminal law crime of selling counterfeit trademark, sales in the amount of 100000 yuan of "large amount"; the amount of sales in 200000 yuan of above belong to "a huge amount of".
Registered trademarks of 95, article 215th of the criminal law crime of illegally manufacturing, selling illegally manufacturing, the amount of illegal income in 10000 yuan of above, or registered trademarks in 20000 pieces (sets) or more, can be regarded as "serious"; the illegal income in the amount of 50000 yuan or registered trademarks in 100000 pieces (sets) or more "if the circumstances are especially serious, can be regarded as".
96, article 227th of the criminal law first forging, reselling the counterfeit valuable tickets crime of illegal business operation, the amount of 1000 yuan or 500 yuan illegal profits as the "starting point" big amount; in illegal business amount of 10000 yuan or 5000 yuan illegal profits as a "starting point for huge amount".
Article second paragraph 97, 227th of the criminal law, the crime of scalping tickets, illegal turnover in 2000 yuan of above or illegal profits in the amount of 1000 yuan of above, belong to one of reselling tickets, tickets "serious" case.
98, article 263rd of the criminal law of the crime of robbery, robbery, amount of 10000 yuan of above belong to the "large amount of robbery".
99, article 270th of the criminal law of the crime of embezzlement, to 10000 yuan for the starting point of "large amount", to 80000 yuan for the starting point of "huge amount".
100, article 272nd of the criminal law of the crime of misappropriation of funds, to 200000 yuan for the starting point of "huge amount".
101, the article 275 of criminal law crime of intentional destruction of property, to 2000 yuan for the starting point of "large amount", to 20000 yuan for the starting point of "huge amount".
102, article 387th of the criminal law of the unit crime of bribery, bribery 100000 yuan of above, belong to one of the "serious" case.
103, 389th - 390 of the criminal law crime of bribery, bribery 5000 yuan as the starting point for conviction.
104, article 391st of the criminal law of the unit crime of offering bribes, person with 50000 yuan, 100000 yuan for the conviction to the starting point.
105, article 392nd of the criminal law of the introducing bribe crime, the individual to the national staff bribery 10000 yuan or the unit to the national staff bribery 100000 yuan of above, belong to one of the "serious" case.
106, article 393rd of the criminal law of the unit crime, unit bribery amount is in 100000 yuan of above, belong to one of "serious" case.
107, article 395th of the criminal law of the crime of huge unidentified property, crime of concealing deposits abroad, to 100000 yuan for the "difference" and "large amount" starting point.
108, article 396th of the criminal law of the crime of dividing the state-owned assets, dividing the confiscation of property crime, to 100000 yuan for the starting point of "large amount", to 500000 yuan for the starting point of "huge amount".
109, article 397th of the criminal law of the crime of breach of privilege, be forgetful of one's duties crime, killed more than 1 dead or wounded more than 3 people and injured 6 people and caused direct economic losses of more than 100000 yuan of above, belong to "the public property, the interests of the state and the people suffered a major loss" situation.
110, article 404th of the criminal law play favouritism and commit irregularities did not sign, collecting less tax crime, so as not to sign or undercollect tax 50000 yuan as a "starting point for major losses of state tax".
111, article 405th of the criminal law on the export tax rebate play favouritism and commit irregularities invoices, tax, and the crime of illegal provide export tax rebate vouchers crime, resulting in the loss of state tax revenue of 50000 yuan of above, one of the cases are "causing heavy losses to the interests of the state".
112, article 406th of the criminal law of state organ staff signed a contract, negligence, dereliction of duty have caused a direct economic loss of 100000 yuan of above, belong to "one case resulted in heavy losses of the interests of the state;" dereliction of duty have caused a direct economic loss of 500000 yuan of above, it belongs to the "resulting in heavy losses of the interests of the state".