People v. Song Xx (case of issuing financial documents or instruments in violation of regulations, illegally granting loans, and taking bribes as a non-state functionary)
(Case No.190 of the Guiding Case of the Supreme People's Procuratorate)
Key words
Issuing financial documents or instruments in violation of regulations, Illegally granting loans, Subject of the liability for taking bribes as a non-state functionary
Key point
Whether an individual exercising public powers within a collective economic organization is considered a state functionary shall be determined on the basis of factors such as the equity structure of the collective economic organization and the public duties that he performs. An employee of a bank or other financial institution commits the crime of issuing financial documents or instruments in violation of regulations, where, by serious misbehaviors, he improperly performs his duties in violation of regulations or exceeds his authority to issue letters of credit or other letters of guarantee negotiable instruments, certificates of deposits, or certificates of financial standing.
Relevant provisions
Article 93, 163, 184(1), 186 and 188(1) of the Criminal Law of the People's Republic of China
Article 15 of the Oversight Law of the People's Republic of China
Article 31 and 43 of the Regulation on the Implementation of the Oversight Law of the People's Republic of China
