If the principal of the fraud case is not caught, the accessory shall be investigated for criminal responsibility. For accomplices in gang fraud, the benchmark punishment can be reduced by 20% to 50%, and for minor crimes, the benchmark punishment can be reduced by more than 50% or exempted from punishment according to law. If the principal of the crime of fraud is sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment, during the execution period, he will conscientiously abide by the prison regulations, receive education and reform, and if he truly repents or makes meritorious deeds, his sentence may also be reduced.
Therefore, public security organs generally do not close fraud cases, and only those cases with clear criminal facts, sufficient evidence and written prosecution opinions will be closed.
Legal basis:
Criminal law of the people's Republic of China
Article 266
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; 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.
Criminal procedure law
Article 162
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.