On the 8th, the Supreme People's Procuratorate of China and the State Administration of Foreign Exchange jointly released typical cases of reverse execution in the foreign exchange field, aiming to further clarify the rules of handling cases and crack down on foreign-related foreign exchange crimes in accordance with the law. The reverse linkage of execution aims to promote the balance of punishment and accountability between criminal and administrative penalties. The head of the Administrative Prosecution Department of the Supreme People's Procuratorate stated that in recent years, the procuratorial organs have worked together with foreign exchange management departments to deepen the reverse connection of execution in the foreign exchange field, further unify law enforcement and judicial standards, demonstrate procedural connection paths, prevent regulatory loopholes caused by the "no punishment, no punishment" policy for illegal and irregular behavior in the foreign exchange field, and form a closed loop of criminal and administrative punishment governance, achieving good results. The Supreme People's Procuratorate and the State Administration of Foreign Exchange have released six cases, including the "Li Mouyi Suspected of Illegal Business Crime Execution Reverse Connection Case". This not only focuses on the jurisdictional difficulties that currently plague the connection between administrative and criminal penalties, but also serves as a demonstration and guidance to strengthen the comprehensive crackdown on foreign exchange violations and form an effective deterrent. In judicial practice, individuals who only lend foreign exchange accounts but do not directly participate in illegal business activities cannot be held criminally responsible due to the lack of subjective intent. In the case of Chen Mouhong and Wu Mourong being suspected of illegal business operations, the procuratorial organs and foreign exchange management departments have clarified the legal basis and standards for administrative penalties for illegal lending of foreign exchange accounts, eliminating blind spots in accountability. At the same time, the procuratorial organs have strengthened the comprehensive review of illegal foreign exchange trading activities to ensure that there are no blind spots in the crackdown. The head of the Management and Inspection Department of the State Administration of Foreign Exchange stated that the release of the case is also intended to warn the public not to seek temporary benefits. Using the funds and customer resources accumulated in normal cross-border economic and trade exchanges to assist underground bank groups in engaging in illegal foreign exchange trading activities, or providing convenient conditions for illegal activities of underground bank groups, such behavior is considered an accomplice of illegal business crimes. Even if it meets the conditions for criminal non prosecution, administrative responsibility will be pursued and administrative fines will be imposed. (New Society)
Edit:Rina Responsible editor:Lily
Source:CHINANEWS
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