Judicial Interpretation on the Crime of Fraudulent Purchase of Foreign Exchange

We know that fraudulent purchases of foreign exchange, in serious cases, can lead to out-of-control domestic and foreign currency exchange, resulting in the loss of foreign exchange, and thus affecting the stability of the country's financial economy. In serious cases, the person will be sentenced to the crime of fraudulently purchasing foreign exchange. So what is the judicial interpretation of the crime of fraudulently purchasing foreign exchange? Below, the editor of Legal Savior Network will introduce the relevant legal knowledge to you in detail to answer your questions. I hope it will be helpful to you.

1. Whoever commits one of the following circumstances and fraudulently purchases foreign exchange if the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 5% of the amount of foreign exchange fraudulently purchased. A fine of not less than 30% of the amount; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 5% but not more than 30% of the amount of fraudulently purchased foreign exchange; if the amount is particularly huge or there are other serious circumstances For other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 5% but not more than 30% of the amount of foreign exchange fraudulently purchased, or have property confiscated:

(1) Using forged or altered customs declaration forms, import certificates, foreign exchange management department approval documents and other vouchers and documents issued by the customs;

(2) ) Reuse the customs declaration form, import certificate, foreign exchange management department approval and other vouchers and documents issued by the customs;

(3) Use other methods to fraudulently purchase foreign exchange.

Whoever forges or alters the customs declaration form, import certificate, foreign exchange management department approval document and other vouchers and documents issued by the customs, and uses them to fraudulently purchase foreign exchange, shall be subject to the provisions of the preceding paragraph. Provides for severe penalties.

Anyone who knowingly provides RMB funds for fraudulent purchases of foreign exchange shall be punished as an accomplice.

If a unit commits the crimes in the first three paragraphs, the unit shall be fined in accordance with the provisions of the first paragraph, and the directly responsible person in charge and other directly responsible personnel shall be punished. A person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

5. Staff members of customs, foreign exchange management departments, financial institutions, companies, enterprises or other units engaged in foreign trade activities and those who fraudulently purchase foreign exchange or evade foreign exchange Any perpetrator who conspires to provide him with relevant vouchers or other facilities for purchasing foreign exchange, or who knowingly sells or pays foreign exchange with forged or altered vouchers and documents, shall be considered an accomplice and shall be subject to the provisions of this decision in accordance with this decision.Severe punishment.

8. For those who commit crimes stipulated in this decision, all property and fines recovered and confiscated in accordance with the law shall be turned over to the state treasury.

The above is the relevant knowledge introduced to you by the editor of Legal Savior Network on the issue of "Judicial Interpretation of the Crime of Fraudulent Purchase of Foreign Exchange". We hope that through the above content you can have a deeper understanding of the identification and punishment of the crime of fraudulent foreign exchange purchases. If you need legal help, our Legal Savior website also provides online lawyer consultation services. You are welcome to have legal consultation.