1, fraud facts;
2. If the amount of fraud reaches 3,000 yuan, criminal responsibility shall be investigated according to law;
3. Specifically under the jurisdiction of the public security organs.
The specific analysis is as follows:
I. Conditions for filing a criminal case:
(1) There are criminal facts.
That is, the case that has been accepted, the criminal suspect's behavior has violated the criminal law and constituted a crime. This criminal fact exists objectively, not subjectively; And the evidence has proved that it is not groundless.
(2) The amount, result or other circumstances of the suspected crime meet the standards for filing and prosecuting economic crime cases, and criminal responsibility needs to be investigated.
That is, the criminal acts of criminal suspects need to be punished according to law. If his behavior only constitutes a crime and criminal responsibility should not be investigated according to law, the case shall not be filed.
(3) Being under the jurisdiction of public security organs.
In other words, the public security organs can only govern cases that are under their jurisdiction according to the law, and what should be under their jurisdiction must be managed, whether it is dereliction of duty; What should not be managed must be ignored, and what is managed is ultra vires.
Second, fraud.
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
The standard for filing a large amount of fraud is: if the illegal income reaches 3000 yuan, it meets the standard for filing a fraud case.
Therefore, there are three conditions for filing a criminal case of fraud:
1. The criminal suspect commits fraud;
2. The amount of fraud is more than 3,000 yuan, which meets the criminal filing standards and needs to be investigated for criminal responsibility;
3. It belongs to the jurisdiction of the public security organ where the crime is committed or where the criminal suspect lives.
(1) The place of crime includes the place where the criminal act occurred and the place where the criminal result occurred.
(a) the place where the crime occurred, including the place where the crime was committed and the places related to the crime, such as the preparatory place, the starting place, the passing place and the destination; Where the criminal act is continuous, continuous or continuous, the place where the criminal act is continuous, continuous or continuous belongs to the place where the criminal act occurred.
(2) The place where the criminal result occurred includes the place where the criminal object was infringed, the place where the criminal proceeds were actually obtained, the place where they were hidden, the place where they were transferred, the place where they were used and the place where they were sold.
(2) domicile includes domicile and habitual residence.
The habitual residence refers to the place where citizens have lived continuously for more than 1 year, except for hospitalization. The registered domicile of a unit is its domicile.
Where the location of the main business premises or the main office is inconsistent with the registered residence, the location of the main business premises or the main office is its residence.
legal ground
"Public security organs to handle criminal cases procedures" 178th
After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
If new facts or evidence are found after deciding not to file a case, or if the original facts are found to be wrong and need to be investigated for criminal responsibility, the case shall be filed in time.
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.
Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.