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| Orderof the President of the People's Republic of China | | 中华人民共和国主席令 |
(No. 52) | |
（第五十二号） |
The Decision of the Standing Committee of the National People's Congress on Punishment of Crimes of Disrupting Financial Order, as adopted at the 14th Meeting of the Standing Committee of the Eighth National People's Congress on June 30, 1995, is hereby promulgated, and shall be effective as of the date of promulgation. | |
《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》已由中华人民共和国第八届全国人民代表大会常务委员会第十四次会议于１９９５年６月３０日通过，现予公布，自公布之日起施行。 |
President of the People's Republic of China Jiang Zemin | |
中华人民共和国主席 江泽民 |
June 30, 1995 | |
１９９５年６月３０日 |
Decision of the Standing Committee of the National People's Congress on Punishment of Crimes of Disrupting Financial Order | |
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 |
(Adopted at the 14th Meeting of the Standing Committee of the Eighth National People's Congress on June 30, 1995) | |
（１９９５年６月３０日第八届全国人民代表大会常务委员会第十四次会议通过） |
With a view to punishing crimes of disrupting financial order such as counterfeiting currencies and committing fraud by means of financial bills, letters of credit or illegal fund-raising, the following decision is made: | |
为了惩治伪造货币和金融票据诈骗、信用证诈骗、非法集资诈骗等破坏金融秩序的犯罪，特作如下决定： |
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| 1. Whoever counterfeits currencies shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be inputted with a fine of not less than 50,000 yuan and not more than 500,000 yuan. Whoever is found to be in any of the following situations shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and his property shall also be confiscated: | | 一、伪造货币的，处三年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金。有下列情形之一的，处十年以上有期徒刑、无期徒刑或者死刑，并处没收财产： |
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| (1) being a chief culprit of a gang engaged in counterfeiting currencies; | | （一）伪造货币集团的首要分子； |
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| (2) having counterfeited especially huge amount of currencies; or | | （二）伪造货币数额特别巨大的； |
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| (3) being involved in other especially serious circumstances. | | （三）有其他特别严重情节的。 |
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| 2. Whoever sells or buys counterfeited currencies or knowingly transports such currencies shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan; if the amount is especially huge, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and his property shall also be confiscated. | | 二、出售、购买伪造的货币或者明知是伪造的货币而运输，数额较大的，处三年以下有期徒刑或者拘役，并处二万元以上二十万元以下罚金；数额巨大的，处三年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金；数额特别巨大的，处十年以上有期徒刑或者无期徒刑，并处没收财产。 |
Any employee of a bank or of any other banking institution who buys counterfeited currencies or, taking advantage of his position exchanges counterfeited currencies for real ones shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount is huge or other serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and his property shall also be confiscated; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and he shall also, or shall only, be imposed with a fine of not less than 10,000 yuan and not more than 100,000 yuan. | |
银行或者其他金融机构的工作人员购买伪造的货币或者利用职务上的便利，以伪造的货币换取货币的，处三年以上十年以下有期徒刑，并处二万元以上二十万元以下罚金；数额巨大或者有其他严重情节的，处十年以上有期徒刑或者无期徒刑，并处没收财产；情节较轻的，处三年以下有期徒刑或者拘役，并处或者单处一万元以上十万元以下罚金。 |
Whoever counterfeits currencies and sells or transports such currencies shall be given a heavier punishment according to the provisions of Article 1. | |
伪造货币并出售或者运输伪造的货币的，依照第一条的规定从重处罚。 |
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| 3. Whoever smuggles counterfeited currencies shall be punished in accordance with the relevant provisions of the Supplementary Provisions Concerning the Punishment of the Crimes of Smuggling formulated by the Standing Committee of the National People's Congress. | | 三、走私伪造的货币的，依照全国人民代表大会常务委员会《关于惩治走私罪的补充规定》的有关规定处罚。 |
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| 4. Whoever knowingly holds or uses counterfeited currencies shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be imposed with a fine of not less than 10,000 yuan and not more than 100,000 yuan; if the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount is especially huge, the offender shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan or his property shall be confiscated. | | 四、明知是伪造的货币而持有、使用，数额较大的，处三年以下有期徒刑或者拘役，并处一万元以上十万元以下罚金；数额巨大的，处三年以上十年以下有期徒刑，并处二万元以上二十万元以下罚金；数额特别巨大的，处十年以上有期徒刑，并处五万元以上五十万元以下罚金或者没收财产。 |
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| 5. Whoever alters currencies shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be imposed with a fine of not less than 10,000 yuan and not more than 100,000 yuan; if the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan. | | 五、变造货币，数额较大的，处三年以下有期徒刑或者拘役，并处一万元以上十万元以下罚金；数额巨大的，处三年以上十年以下有期徒刑，并处二万元以上二十万元以下罚金。 |
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| 6. Whoever establishes a commercial bank or any other banking institution without the approval of the People's Bank of China shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and he shall also, or shall only, be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan. | | 六、未经中国人民银行批准，擅自设立商业银行或者其他金融机构的，处三年以下有期徒刑或者拘役，并处或者单处二万元以上二十万元以下罚金；情节严重的，处三年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金。 |
Whoever forges, alters or transfers the permit for operation of a commercial bank or any other banking institution shall be punished in accordance with the provisions of the preceding paragraph. | |
伪造、变造、转让商业银行或者其他金融机构经营许可证的，依照前款的规定处罚。 |
A unit that commits the crimes mentioned in the preceding two paragraphs shall be imposed with a fine, and the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the first paragraph. | |
单位犯前两款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员，依照第一款的规定处罚。 |
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| 7. Whoever illegally takes in deposits from the general public or does so in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge or other serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan. | | 七、非法吸收公众存款或者变相吸收公众存款，扰乱金融秩序的，处三年以下有期徒刑或者拘役，并处或者单处二万元以上二十万元以下罚金；数额巨大或者有其他严重情节的，处三年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金。 |
A unit that commits the crime mentioned in the preceding paragraph shall be imposed with a fine, and the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph. | |
单位犯前款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员，依照前款的规定处罚。 |
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| 8. Whoever, for the purpose of illegal possession, unlawfully raises funds by means of fraud shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge or other serious circumstances are involved, the offender shall be sentenced to fixed- term imprisonment of not less than three years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death and his property shall also be confiscated. | | |
A unit that commits the crimes mentioned in the preceding paragraph shall be imposed with a fine, and the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph. | |
单位犯前款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员，依照前款的规定处罚。 |
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| 9. Any employee of a bank or of any other banking institution who, in violation of the provisions of laws or administrative rules and regulations, grants fiduciary loans to his connections or grants guaranteed loans to his connections or conditions that are more preferential than those for granting the same type of loans to other borrowers, thus causing relatively great losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 10,000 yuan and not more than 100,000 yuan; if grave losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan. | | 九、银行或者其他金融机构的工作人员违反法律、行政法规规定，向关系人发放信用贷款或者发放担保贷款的条件优于其他借款人同类贷款的条件，造成较大损失的，处五年以下有期徒刑或者拘役，并处一万元以上十万元以下罚金；造成重大损失的，处五年以上有期徒刑，并处二万元以上二十万元以下罚金。 |
Any employee of a bank or of any other banking institution who, in violation of the provisions of laws or, administrative rules and regulations, neglecting his duties or abusing his power, grants loans to persons other than his connections, thus causing great losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 10,000 yuan and not more than 100,000 yuan; if especially great losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan. | |
银行或者其他金融机构的工作人员违反法律、行政法规规定，玩忽职守或者滥用职权，向关系人以外的其他人发放贷款，造成重大损失的，处五年以下有期徒刑或者拘役，并处一万元以上十万元以下罚金；造成特别重大损失的，处五年以上有期徒刑，并处二万元以上二十万元以下罚金。 |
A unit that commits the crimes mentioned in the preceding two paragraphs shall be imposed with a fine, and the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding two paragraphs. | |
单位犯前两款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员，依照前两款的规定处罚。 |
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| 10. Whoever commits any of the following acts to defraud a bank or any other financial institution of loans for the purpose of illegal possession shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount is huge or other serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and his property shall also be confiscated: | | 十、有下列情形之一，以非法占有为目的，诈骗银行或者其他金融机构的贷款，数额较大的，处五年以下有期徒刑或者拘役，并处二万元以上二十万元以下罚金；数额巨大或者有其他严重情节的，处五年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金；数额特别巨大或者有其他特别严重情节的，处十年以上有期徒刑或者无期徒刑，并处没收财产： |
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| (1) inventing false reasons for obtaining funds or projects, etc. from abroad; | | （一）编造引进资金、项目等虚假理由的； |
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| (2) using a false economic contract; | | （二）使用虚假的经济合同的； |
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| (3) using a false supporting document; | | （三）使用虚假的证明文件的； |
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| (4) using a false property right certificate as guaranty; or | | （四）使用虚假的产权证明作担保的； |
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| (5) defrauding loans by other means. | | （五）以其他方法诈骗贷款的。 |
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| 11. Whoever commits any of the following acts, such as forging or altering financial bills, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan; if the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and his property shall be confiscated: | | 十一、有下列情形之一，伪造、变造金融票证的，处五年以下有期徒刑或者拘役，并处二万元以上二十万元以下罚金；情节严重的，处五年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金；情节特别严重的，处十年以上有期徒刑或者无期徒刑，并处没收财产： |
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| (1) forging or altering bills of exchange, promissory notes or cheques; | | （一）伪造、变造汇票、本票、支票的； |
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| (2) forging or altering settlement certificates of a bank such as certificates of entrustment with the receipt of payment, certificates of remittance and deposit receipts; | | （二）伪造、变造委托收款凭证、汇款凭证、银行存单等其他银行结算凭证的； |
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| (3) forging or altering letters of credit or their attached bills and documents; or | | （三）伪造、变造信用证或者附随的单据、文件的； |
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| (4) forging credit cards. | | （四）伪造信用卡的。 |
A unit that commits any of the crimes mentioned in the preceding paragraph shall be imposed with a fine, and the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph. | |
单位犯前款罪的，对单位判处罚金，并对直接负责的主管人员和其他责任人员，依照前款的规定处罚。 |
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| 12. Whoever commits fraud by means of financial bills in any of the following ways shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount is huge or other serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and his property shall also be confiscated. | | 十二、有下列情形之一，进行金融票据诈骗活动，数额较大的，处五年以下有期徒刑或者拘役，并处二万元以上二十万元以下罚金；数额巨大或者有其他严重情节的，处五年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金；数额特别巨大或者有其他特别严重情节的，处十年以上有期徒刑、无期徒刑或者死刑，并处没收财产： |
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| (1) knowingly using forged or altered bills of exchange, promissory notes or cheques; | | （一）明知是伪造、变造的汇票、本票、支票而使用的； |
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| (2) knowingly using cancelled bills of exchange, promissory notes or cheques; | | （二）明知是作废的汇票、本票、支票而使用的； |
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| (3) fraudulently using another person's bills of exchange, promissory notes or cheques; | | （三）冒用他人的汇票、本票、支票的； |
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| (4) signing and issuing a rubber cheque or a cheque, whereon the seal is not in conformity with the reserved specimen seal, to defraud money or property; or | | （四）签发空头支票或者与其预留印鉴不符的支票，骗取财物的； |
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| (5) signing and issuing bills of exchange or promissory notes without reliable funds or specifying false particulars thereon by the drawer at the time of issue to defraud money or property. | | （五）汇票、本票的出票人签发无资金保证的汇票、本票或者在出票时作虚假记载，骗取财物的。 |
Whoever uses forged or altered settlement certificates of a bank such as certificates of entrustment with the receipt of payment, certificates of remittance and deposit receipts shall be punished in accordance with the provisions of the preceding paragraph. | |
使用伪造、变造的委托收款凭证、汇款凭证、银行存单等其他银行结算凭证的，依照前款的规定处罚。 |
A unit that commits any of the crimes mentioned in the preceding two paragraphs shall be imposed with a fine; the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the first paragraph. | |
单位犯前两款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员，依照第一款的规定处罚。 |
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| 13. Whoever commits fraud by means of letters of credit under any of the following ways shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge or other serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and his property shall be confiscated: | | 十三、有下列情形之一，进行信用证诈骗活动的，处五年以下有期徒刑或者拘役，并处二万元以上二十万元以下罚金；数额巨大或者有其他严重情节的，处五年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金；数额特别巨大或者有其他特别严重情节的，处十年以上有期徒刑、无期徒刑或者死刑，并处没收财产： |
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| (1) using forged or altered letters of credit or their attached bills and documents; | | （一）使用伪造、变造的信用证或者附随的单据、文件的； |
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| (2) using cancelled letters of credit; | | （二）使用作废的信用证的； |
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| (3) fraudulently obtaining letters of credit; or | | （三）骗取信用证的； |
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| (4) in other ways. | | （四）以其他方法进行信用证诈骗活动的。 |
A unit that commits the crimes mentioned in the preceding paragraph shall be imposed with a fine; the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph. | |
单位犯前款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员，依照前款的规定处罚。 |
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| 14. Whoever commits fraud by means of credit cards in any of the following ways shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount is huge or other serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and shall also be imposed with a fine of not less than 50,000 yuan and not more than 500,000 yuan; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and his property shall also be confiscated: | | 十四、有下列情形之一，进行信用卡诈骗活动，数额较大的，处五年以下有期徒刑或者拘役，并处二万元以上二十万元以下罚金；数额巨大或者有其他严重情节的，处五年以上十年以下有期徒刑，并处五万元以上五十万元以下罚金；数额特别巨大或者有其他特别严重情节的，处十年以上有期徒刑或者无期徒刑，并处没收财产： |
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| (1) using forged credit cards; | | （一）使用伪造的信用卡的； |
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| (2) using cancelled credit cards; | | （二）使用作废的信用卡的； |
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| (3) fraudulently using another person's credit cards; or | | （三）冒用他人信用卡的； |
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| (4) maliciously overdrawing. | | （四）恶意透支的。 |
Whoever steals credit cards and uses them shall be punished in accordance with the provisions of the Criminal Law on larceny. | |
盗窃信用卡并使用的，依照刑法关于盗窃罪的规定处罚。 |
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| 15. Any employee of a bank or of any other financial institution who, in violation of the regulations, issues letters of credit or other letters of guaranty, negotiable instruments or credit certificates, thus causing relatively great losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if grave losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years. | | 十五、银行或者其他金融机构的工作人员违反规定为他人出具信用证或者其他保函、票据、资信证明，造成较大损失的，处五年以下有期徒刑或者拘役；造成重大损失的，处五年以上有期徒刑。 |
A unit that commits any of the crimes mentioned in the preceding paragraph shall be imposed with a fine; the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph. | |
单位犯前款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接负责人员，依照前款的规定处罚。 |
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| 16. Any of the following persons who commit fraud by means of insurance, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be imposed with a fine of not less than 10,000 yuan and not more than 100,000 yuan; if the amount is huge or other serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and shall also be imposed with a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, and his property shall be confiscated: | | |
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| (1) insurance policy holders who deliberately fabricate the object of insurance to defraud insurance money; | | （一）投保人故意虚构保险标的，骗取保险金的； |
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| (2) insurance policy holders, the insured or the beneficiaries who fabricate the cause of an insured accident or overstates the extent of losses to defraud insurance money; | | （二）投保人、被保险人或者受益人对发生的保险事故编造虚假的原因或者夸大损失的程度，骗取保险金的； |
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| (3) insurance policy holders, the insured or the beneficiaries who invent stories of an insured accident that never occurs to defraud insurance money; | | （三）投保人、被保险人或者受益人编造未曾发生的保险事故，骗取保险金的； |
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| (4) insurance policy holders or the insured who deliberately bring about an insured accident that causes property damage in order to defraud insurance money; | | （四）投保人、被保险人故意造成财产损失的保险事故，骗取保险金的； |
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| (5) insurance policy holders or the beneficiaries who deliberately inflict death, injury or illness on the insured to defraud insurance money. | | （五）投保人、受益人故意造成被保险人死亡、伤残或者疾病，骗取保险金的。 |
Whoever commits the act listed in sub-paragraph (4) or sub-paragraph (5) of the preceding paragraph, which also constitutes other crimes, shall be punished in accordance with the provisions of the Criminal Law on combined punishment for several crimes. | |
有前款第（四）项、第（五）项所列行为，同时构成其他犯罪的，依照刑法数罪并罚的规定处罚。 |
An expert witness, witness or asset assessor of an insured accident who deliberately provides false supporting documents, thus creating conditions for the fraud of another person, shall be punished as an accomplice in insurance fraud. | |
保险事故的鉴定人、证明人、财产评估人故意提供虚假的证明文件，为他人诈骗提供条件的，以保险诈骗的共犯论处。 |
A unit that commits any of the crimes mentioned in the first paragraph shall be imposed with a fine; the leading members who are directly in charge and other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the first paragraph. | |
单位犯第一款罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员，依照第一款的规定处罚。 |
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| 17. Any employee of an insurance company who, taking advantage of his position, deliberately invents stories of an insured accident which never occurs to make false settlement of a claim for frauding insurance money shall be punished according to the relevant provisions of both the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of Crimes of Embezzlement and Bribery and the Decision on Punishment of Crimes Against the Company Law. | | 十七、保险公司的工作人员利用职务上的便利，故意编造未曾发生的保险事故进行虚假理赔，骗取保险金的，分别依照全国人民代表大会常务委员会《关于惩治贪污罪贿赂罪的补充规定》和《关于惩治违反公司法的犯罪的决定》的有关规定处罚。 |
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18. Any employee of a bank or of any other banking institution who in financial activities, demands, or accepts bribes, or in violation of State regulations, accepts rebates or service charges in various names shall be punished according to the relevant provisions of both the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning Punishment of Crimes of Embezzlement and Bribery | | 十八、银行或者其他金融机构的工作人员在金融业务活动中索取、收受贿赂，或者违反国家规定收受各种名义的回扣、手续费的，分别依照全国人民代表大会常务委员会《关于惩治贪污罪贿赂罪的补充规定》和《关于惩治违反公司法的犯罪的决定》的有关规定处罚。 |
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| 19. Any employee of a bank or of any other banking institution who, taking advantage of his position, misappropriates the funds of a unit or a client shall be punished according to the relevant provisions of both the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning Punishment of Crimes of Embezzlement and Bribery and the Decision on Punishment of Crimes Against the Company Law. | | 十九、银行或者其他金融机构的工作人员利用职务上的便利，挪用单位或者客户资金的，分别依照全国人民代表大会常务委员会《关于惩治贪污罪贿赂罪的补充规定》和《关于惩治违反公司法的犯罪的决定》的有关规定处罚。 |
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| 20. Any employee of a bank or of any other banking institution who colludes with the criminals engaged in the financial fraud activities as specified in this Decision, thus providing assistance to them in their fraudulent activities, shall be deemed as an accomplice and punished as such. | | 二十、银行或者其他金融机构的工作人员，与本决定规定的进行金融诈骗活动的犯罪分子串通，为其诈骗活动提供帮助的，以共犯论处。 |
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| 21. Whoever commits an act mentioned in Article 2, 4, 5, 11, 12, 14 or 16 of this Decision, if the circumstances are not serious enough to constitute a crime, shall be detained for a maximum of fifteen days or imposed with a penalty of not more than 5,000 yuan by the public security organ. | | 二十一、有本决定第二条、第四条、第五条、第十一条、第十二条、第十四条、第十六条规定的行为，情节轻微不构成犯罪的，可以由公安机关处十五日以下拘留、五千元以下罚款。 |
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| 22. The illegal gains derived as a result of commission of the crimes specified in this Decision shall be recovered, or the offender shall be ordered to return them to the victim; all the property and money used for commission of the crimes shall be confiscated. | | 二十二、犯本决定规定之罪的违法所得应当予以追缴或者责令退赔被害人；供犯罪使用的财物一律没收。 |
All counterfeited or altered currencies, forged, altered or cancelled negotiable instruments, letters of credit, credit cards and other settlement certificates of a bank shall be recovered and handed over exclusively to the People's Bank of China for destruction. | |
伪造、变造的货币，伪造、变造、作废的票据、信用证、信用卡或者其他银行结算凭证一律收缴，上交中国人民银行统一销毁。 |
Specific measures for the recovery of counterfeited or altered currencies shall be formulated by the People's Bank of China. | |
收缴伪造、变造的货币的具体办法由中国人民银行制定。 |
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| 23. The term "currencies" as used in this Decision refers to Renminbi and foreign currencies. | | 二十三、本决定所称的货币是指人民币和外币。 |
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| 24. This Decision shall go into effect as of the date of promulgation. | | 二十四、本决定自公布之日起施行。 |
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