How to determine the amount of illegal profit in the Crime of loan sharking

Bao Ngoc

15:21, 22/12/2021

On December 20, 2021, the Judicial Council of the Supreme People's Court issued Resolution 01/2021/NQ-HDTP guiding the application of Article 201 of the Penal Code and the trial of criminal cases on the crime of loan sharking. in civil transactions.

Accordingly, the amount of illicit profits to handle criminal liability (criminal liability) for the crime of high interest lending is determined as follows:

- In case the loan term has expired as agreed, the amount of illicit profits used to determine criminal liability includes:

Interest and other illegal incomes that the borrower must pay to the lender after deducting the interest corresponding to the highest interest rate prescribed by the Civil Code for the entire loan term.

- In case a loan with heavy interest has not yet expired the loan term as agreed upon and is discovered, the amount of illicit profits used to determine criminal liability includes:

Interest and other illegal incomes that the borrower must pay to the lender after deducting the interest corresponding to the highest interest rate as prescribed by the Civil Code up to the time of detection by the competent authority and prevent.

Where the borrower has paid interest before maturity and other illegal revenues, the amount of illicit gain includes interest and other illegal revenues that the borrower actually paid to the lender after minus the interest amount corresponding to the highest interest rate prescribed.

Resolution 01/2021/NQ-HDTP takes effect from December 24, 2021.

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