Article 231 Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
In judicial practice, we should pay attention to the following aspects in determining this crime:
1 Subjectively, this crime can only be intentional, with the purpose of illegally possessing the property of the other party. This is the key to distinguish this crime from contract disputes.
Objectively, the actor must use the contract to commit fraud, which is manifested in one of the following situations when signing and performing the contract.
3. The large amount of fraudulent property is an important element of this crime. According to the relevant judicial interpretation, if the amount of individual contract fraud is between 5,000 yuan and 20,000 yuan, and the amount of unit contract fraud is between 50,000 yuan and 200,000 yuan, it should be prosecuted.
Note that the amount of fraud here refers to the amount of property actually defrauded by the actor, not the amount of the subject matter of the contract. For multiple contract frauds, if the property of the previous fraud is returned to the property of the next fraud, the amount returned before the crime shall be deducted when calculating the amount of fraud, and it shall be determined according to the actual amount not returned. When sentencing, the amount of repeated fraud can be considered as an aggravating circumstance.
If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.
If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this crime committed by natural persons.
The actor has the purpose of illegally possessing other people's property, which is not only a necessary condition for the crime of contract fraud, but also the key to distinguish the crime of contract fraud from contract disputes. Therefore, it is very important to accurately determine whether the actor has the purpose of illegal possession in practice. According to the relevant judicial interpretation, in the process of signing and performing a contract, under any of the following circumstances, it can be concluded that the actor has the purpose of illegally occupying the property of the other party: 1 knowingly signing the contract with others by the following deception means: (1) fictional subject; (two) using the name of others; (3) using forged, altered or invalid certificates, letters of introduction, seals or other supporting documents; (4) Concealing the real situation, and using bills or other settlement vouchers that you know cannot be cashed as the guarantee for the performance of the contract; (5) Concealing the real situation and using collateral and creditor's rights documents. Known not to meet the guarantee conditions, as a performance guarantee; (6) Using other deceptive means to make the other party pay money or goods.
After the contract was signed, he escaped with goods, payment, advance payment, deposit, deposit and other property that guaranteed the performance of the contract.
3 squandering the goods, payment, advance payment, deposit, security deposit and other property delivered by the other party, which makes it impossible to return the above-mentioned money and property.
4 using the goods, payment, advance payment, deposit, deposit and other property delivered by the other party to carry out illegal and criminal activities, resulting in the above-mentioned money and property being unable to be returned.
5. Conceal the contract goods, payment, advance payment, deposit, security deposit and other properties that guarantee the performance of the contract and refuse to return them.
After signing the contract, after defrauding all the goods by paying part of the payment and starting to perform the contract, refusing to pay the remaining payment within the time limit stipulated in the contract or the payment period agreed by both parties separately without justifiable reasons.
General Office of the Supreme People's Procuratorate on contract fraud, infringement of intellectual property rights, etc.
Notice on the correct application of arrest measures in economic crime cases according to law
First, comprehensively and correctly implement the guiding ideology of serving economic construction and the theme of procuratorial work of "strengthening supervision and fair law enforcement". Market economy is a legal economy, and competition is the basic law of market economy. In the fierce competition, economic disputes among market players are inevitable. Procuratorial organs, as legal supervision organs, should conscientiously perform their sacred duties of maintaining the unity and correct implementation of the national legal system, ensure fair and orderly competition within the scope prescribed by law, and promote the healthy development of the socialist market economy. We must resolutely crack down on economic crimes that constitute crimes in accordance with the law in order to maintain normal economic order and safeguard national interests and the legitimate rights and interests of enterprises and parties; Economic disputes can only be solved by civil legal means, not by criminal means for local interests, let alone by arrest measures as a means of disguised local protectionism.
Second, we must strictly distinguish between economic crime and economy.