The crime of fraud (Article 266 of the Criminal Law of People's Republic of China (PRC)) refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property.
Components:
1, object element
The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property.
The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded.
2. Objective factors
Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property.
First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances.
Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the other party's disposition of property, it is bound to involve the other party's misunderstanding. If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud.
Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding.
Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property.
3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective elements: Subjectively, this crime is direct and intentional, with the purpose of illegally occupying public and private property.