Is the crime of contract fraud an act crime? The manifestation of the crime of contract fraud refers to the act of signing a contract with others by deception in the process of signing and performing the contract, or not performing the contract at all after accepting the goods, payment, advance payment or guarantee property of the other party after signing the contract. Criminal responsibility for the crime of contract fraud Article 224 of China's Criminal Law stipulates that anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Article 4 of the Criminal Law Amendment (VII) adds one article after Article 224 of the Criminal Law as one of Article 224: "Organize and lead pyramid selling activities that require participants to pay fees or purchase goods and services in the name of selling goods and providing services, and form a hierarchy in a certain order, directly or indirectly based on the number of people who have developed, to induce and coerce participants to continue to develop others to participate, defraud property and disrupt economic and social order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined. " Fraud is manifested in the following five forms: (1) signing a contract in the name of a fictitious unit or using others. (2) Mortgaging with forged, altered or invalid bills or other false property rights certificates. The bills mentioned here mainly refer to financial bills that can be used as guarantee documents, that is, bills of exchange, promissory notes and checks. The so-called other property certificates include land use certificates, house ownership certificates and various valid certificates that can prove movable and immovable property. (3) Without actual performance ability, trick the other party into continuing to sign and perform the contract by performing the small contract first or partially. (4) fleeing after receiving the goods, payment, advance payment or secured property paid by the other party. (5) defrauding the other party's property by other means. The other methods mentioned here refer to all means used in the process of signing and performing economic contracts except the above four methods, as a means to defraud the goods, payment, advance payment, deposit and other guaranteed property delivered by the other party as stipulated in the contract. Bian Xiao reminds you that the other party's property must be large. The so-called large amount, according to, for the purpose of illegal possession, defrauded the other party's property in the process of signing and performing the contract. The above is a summary of the relevant information for you, hoping to help you. This website is dedicated to building an excellent legal consultation platform. If in doubt, please consult a lawyer.
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Criminal law of the people's Republic of China
Article 224
Under any of the following circumstances, if the amount involved is relatively large in the process of signing and performing a contract for the purpose of illegal possession, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.