What factors influence the sentencing of individuals suspected of issuing improper loans?

The sentencing for the crime of issuing loans in violation of regulations (as stipulated in Article 186 of the Criminal Law of the People's Republic of China) is mainly influenced by several key factors. First, the amount of loss caused to the financial institution: if the loss is large (usually starting from 1 million yuan for individual cases), the sentence is typically fixed-term imprisonment of not more than five years or criminal detention and a fine; if the loss is huge (usually more than 5 million yuan) or there are other serious circumstances, the sentence is fixed-term imprisonment of more than five years and a fine. Second, the subjective state of the offender: whether there was intentional violation of loan management regulations or gross negligence, and whether there was collusion with borrowers to defraud the bank of loans (which may constitute joint crimes such as loan fraud). Third, mitigating or aggravating circumstances: voluntary surrender, truthful confession of crimes, active restitution of losses, or providing important clues to assist in solving other cases can lead to lighter or mitigated sentences; while repeated offenses, refusal to cooperate with investigations, or causing particularly severe consequences may result in heavier sentences.

Practical advice for your friend: First, he should actively cooperate with the investigation authorities, truthfully state the facts of the case, and avoid concealing or falsifying evidence. Second, he should immediately retain a lawyer who specializes in economic crimes to provide legal assistance, including understanding the case progress, communicating with investigators, and putting forward defense opinions. Third, if he has any evidence to prove that he performed his due diligence during the loan approval process (such as complete loan application materials, risk assessment reports, or approval records in accordance with procedures), he should provide these to his lawyer in a timely manner to help reduce his liability.