1. What is the statute of limitations for fraud cases?
1. What is the statute of limitations for fraud cases? It needs to be determined according to the specific sentencing. They are:
(1) For those who may be sentenced to fixed-term imprisonment of less than three years, the limitation of prosecution is five years;
(2) If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, the prosecution period shall be ten years;
(3) If the statutory maximum penalty is fixed-term imprisonment of not less than ten years, the prosecution period is fifteen years.
2. Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
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 conditions for filing a fraud case?
For the purpose of illegal possession. In the process of signing and performing the contract, anyone who defrauds the other party of property shall be prosecuted if he is suspected of one of the following circumstances:
1, personal fraud of public or private property, the amount is more than 5000 yuan to 20000 yuan;
2. The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, with the amount ranging from 50,000 yuan to 200,000 yuan.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: According to the provisions of Article 87 of the Criminal Law of People's Republic of China (PRC), the crime of limitation of prosecution shall not be prosecuted if it exceeds the following time limit: five years if the statutory maximum penalty is less than five years' imprisonment; If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, after ten years; If the statutory maximum penalty is fixed-term imprisonment of not less than 10 years, after 15 years; If the maximum legal punishment is life imprisonment or death penalty, after 20 years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.