Sentencing standard of accomplice in fraud

The sentencing standards for accomplices of fraud should be compared with the sentencing of fraud, and the punishment should be lighter, mitigated or exempted. If the crime of fraud is relatively severe, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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.

Sentencing standards for accomplices of fraud;

1, it is necessary to determine the sentencing range according to the actual crime situation, and then lighten, mitigate or exempt the punishment according to the identity of the accomplice;

2. Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

3. 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;

4. 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.

The elements of fraud are as follows:

(1) object elements. The object of infringement is the ownership of public and private property;

(2) objective factors. Objectively, it is manifested in the use of fraud to defraud a large amount of public and private property;

(3) Main elements. Subject is a general subject, which can be composed of any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility;

(4) Subjective factors. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 266 of the Criminal Law.

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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. Where there are other provisions in this Law, such provisions shall prevail.