1. How to sentence North Myanmar for alleged fraud?
1. Sentenced for fraud, defrauding public or private property, with 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; 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 the law, those provisions shall prevail.
2. The object of the crime of fraud is the ownership of public and private property. Some illegal acts, 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. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
2. Legal basis: Article 266 of the Criminal Law.
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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; 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.
Second, the boundary between fraud and swindling.
1, both of which use deception, and the latter may also obtain property benefits. These two points are the same; But the subjective purpose, criminal means, the amount of property and the object of infringement are all different.
2. The crime of swindling and cheating is aimed at defrauding all kinds of illegal interests, pretending to be a national staff member and engaging in swindling and cheating activities. It is an act that damages the trust of state organs, public interests or the legitimate rights and interests of citizens. It deceives not only property (but not limited to the amount), but also work, position, honor and so on. It is a crime of disturbing social management order.
3. When criminals impersonate state functionaries to defraud public and private property, they infringe upon property rights, damage the trust and normal activities of state organs, and are implicated offenders. The crime should be determined according to the main object and main harmfulness of the act, and the punishment should be heavier. Those who cheat a small amount of money and property, but seriously damage the letters of state organs, should be punished as swindling and cheating; Otherwise, it is defined as fraud. If both objects are seriously violated, they are generally treated as fraud according to the principle of a felony. Two kinds of crimes have been committed independently, and if they are not related to each other, they shall be dealt with according to the principle of combined punishment for several crimes.
Third, how to characterize the crime of fraud.
(a) the object elements, the object of this crime is 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.
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. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
(2) objective elements, this crime is objectively manifested in the use of fraud to defraud a large amount of public and private property.
1. First of all, 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. Therefore, fabricating or concealing past facts, or present facts and future facts, as long as they have the above contents, is a kind of fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud.
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 crime of fraud requires the victim to impose property punishment after falling into a wrong understanding. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain goods in the vending machine does not constitute fraud, but only theft.
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 factors. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of 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 defrauds public or private property, and if the amount is relatively large, 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; 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.