The crime of financial fraud refers to the act of defrauding public or private property or the credit of financial institutions and undermining the order of financial management by using fictional facts or concealing the truth for the purpose of illegal possession. There are five kinds of crimes that a unit can commit: fund-raising fraud, bill fraud, financial voucher fraud, letter of credit fraud and insurance fraud. The crime of financial fraud is separated from ordinary fraud, but it is not a fraud crime in the traditional sense. The criminal law separates it from the common crime of fraud, in addition to decomposing the crime of pocket fraud, the main reason is to maintain the order of financial management.
How to correctly identify the boundary between financial fraud and non-crime in judicial practice?
The key is to determine whether it has the purpose of illegal possession.
(1) First, let's see if there is one of the financial fraud crimes stipulated by law. Financial fraud crimes are all crimes aimed at illegal possession. In addition to the malicious overdraft in the crime of loan fraud, fund-raising fraud and credit card fraud, the specific acts listed in the criminal law to implement bill fraud, financial voucher fraud, letter of credit fraud, credit card fraud (except malicious overdraft), securities fraud and insurance fraud are important basis for identifying the purpose of illegal possession.
(2) Secondly, according to the experience of judicial practice, one of the following circumstances can be considered as having the purpose of illegal possession:
(a) knowing that there is no ability to return, defrauding a large amount of funds;
(2) absconding after illegally obtaining funds;
(3) wantonly squandering or defrauding funds;
(four) the use of fraudulent funds for illegal and criminal activities;
(5) Evading, transferring funds or hiding property to avoid returning funds;
6. Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds;
All landowners other illegal possession of funds, refused to return the behavior ". It should be noted that these seven situations are all based on the premise that "the actor illegally obtains funds through fraud, resulting in a large amount of funds that cannot be returned". We can't assume that the perpetrator has the purpose of illegal possession only by these seven situations, nor can we be punished as financial fraud just because the property can't be returned.
Extended data:
Constitutive characteristics
1, the object is a complex object that violates the financial management order and the ownership of public and private property, and the former is the main object.
2. Objectively, it is manifested as: using fictional things or concealing the truth, disrupting the financial management order and defrauding public and private property, and it is a large amount of behavior.
3. The subject is a general subject, which can be composed of both units and natural persons. However, the following three crimes cannot be constituted by units: loan fraud, credit card fraud and securities fraud.
4. Subjectively, it is intentional and has the purpose of illegally occupying public and private property. This is also an important basis for this kind of crime to be different from the crime of undermining financial management order.
Types: fund-raising fraud, loan fraud, bill fraud, financial voucher fraud, letter of credit fraud, credit card fraud and insurance fraud.
References:
Baidu encyclopedia financial fraud