It is not illegal for a dunner to impersonate a lawyer to collect money and maliciously defraud others of money. However, if the dunner pretends to be a lawyer to engage in legal services, such as representing a case, it is suspected of breaking the law. If the law stipulates that a person who has not obtained a lawyer's practice certificate engages in legal services in the name of a lawyer, the judicial administrative department of the local people's government at or above the county level shall order him to stop his illegal practice, confiscate his illegal income, and impose a fine of more than/kloc-0 and less than 5 times his illegal income.
The court personnel mainly include the president, judges, clerks, assistant judges, bailiffs and other personnel.
The crime of swindling and cheating refers to the act of pretending to be the identity or professional title of the staff of state organs, defrauding and damaging the prestige and normal activities of state organs and seeking illegal interests.
Object elements of the crime of swindling and cheating: the object of this crime is the prestige of state organs and their normal activities. This is one of the main differences between this crime and the crime of property right fraud. Although the actor's cheating behavior may also be to defraud property, the people think that these illegal acts are committed by the staff of state organs because the actor used the means of impersonating the staff of state organs. Thereby directly damaging the prestige of state organs and their normal activities. This is also the special and substantial harm of this crime.
Objectively, this crime shows that the perpetrator has the identity or professional title of impersonating a staff member of a state organ and commits fraud. The actor must have the act of impersonating the identity or professional title of the staff of state organs.
The so-called impersonation of the identity or position of the staff of state organs means that not only the staff of non-state organs impersonate the staff of state organs, but also such staff of state organs impersonate the identity or position of other state organs, such as the administrative cadres of ordinary organs impersonate the cadres of public security organs and the national cadres of ordinary state cadres impersonate senior positions. If the perpetrator impersonates a non-state employee, such as party member, children of princelings, children of martyrs, managers of private or collective enterprises, buyers, etc. , does not constitute this crime, in the degree of crime may constitute fraud or other crimes.
The actor must have the behavior of swindling, that is, the actor should pretend to be the identity or professional title of the staff of state organs, show off, and use the people's trust in the staff of state organs to defraud illegal interests. The so-called swindling means cheating everywhere, so the behavior that constitutes a crime generally has the characteristics of continuity and repetition. If the perpetrator only did it once, it should not be punished as a crime in principle. The above two elements must be both available and organically related to meet the objective requirements of fraud. If the actor just pretends to be the identity or professional title of the staff of state organs out of vanity, and does not use it to defraud illegal interests, it constitutes the crime of swindling and cheating. If the perpetrator not only pretends to be a staff member of a state organ, but also does not use it to defraud illegal interests, it does not constitute the crime of swindling and cheating. If the actor pretends to be a national staff member and defrauds illegal interests, but the act of defrauding illegal interests does not take impersonation as a means, that is, there is no organic connection between the two acts, which does not constitute the crime of swindling and cheating, and his act of defrauding illegal interests may constitute other crimes.
Subject elements: the subject of this crime is the general subject, that is, anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility can become the subject of this crime. Both non-state staff and state staff can constitute this crime.
Subjectively, this crime can only be intentional, and its criminal purpose is to seek illegal interests. The illegal interests mentioned here not only refer to material interests, but also include all kinds of intangible interests, such as to defraud some political treatment or honor treatment, and even to defraud "love" and play with the opposite sex. However, the subjective malignancy of this crime is generally limited to the scope of "deception". It is a more serious crime if the perpetrator subjectively intends to rob or rape, and pretending to be a staff member of a state organ is only a means to psychologically threaten the victim so that he does not dare to resist. For example, posing as anti-smuggling personnel and threatening smugglers to hand over smuggled goods; Pretending to be a judicial officer and forcing the defendant's family to have sex with him should be punished as robbery and rape respectively. If it is not only for seeking illegal interests, for example, the actor is just out of vanity, simply for marrying others, or pretending to be a staff member of a state organ for the sake of smooth accommodation or ticket purchase, it does not constitute this crime.
legal ground
Criminal law of the people's Republic of China
Article 279 Whoever impersonates a functionary of a state organ to swindle and swindle shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever impersonates the people's police to swindle and cheat shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 51 Whoever pretends to be a functionary of a state organ or swindles and swindles with other false identities shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Whoever impersonates military and police personnel to swindle and swindle shall be given a heavier punishment.