What is the filing standard for committing fraud?
Generally, fraud and theft are the same. For fund-raising fraud, loan fraud, bill fraud and other economic fraud, please refer to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards for Economic Crimes.
What is the standard for filing a case of fraud and what is the standard for sentencing? There is a special judicial interpretation on the filing standard (sentencing) of fraud. Article 1 reads as follows:
Rule number one Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Can the crime of fraud be determined? What is the sentencing standard for the crime of fraud? Fraud is a public prosecution case and cannot be settled.
Article 266 of the Criminal Law 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.
What is the filing standard of gang fraud? If the value of public or private property is from 3,000 yuan to 10,000 yuan, from 30,000 yuan to 100,000 yuan and 500,000 yuan, it shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
Legal link: 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.
What is the standard for filing fraud? What is the criminal punishment for fraud? The filing standard for fraud is 3000 yuan to 10000 yuan.
The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that those who defraud public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 yuan and 500,000 yuan shall be deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The crime of contract fraud (Article 224 of the Criminal Law) aims at illegal possession. In the process of signing and performing a contract, if the amount is more than 20,000 yuan, it shall be filed for prosecution.
What is the standard for filing fraud cases? Criteria for filing fraud:
Generally, fraud and theft are the same. For fund-raising fraud, loan fraud, bill fraud and other economic fraud, please refer to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards for Economic Crimes. Relevant regulations
Article 266 of the Criminal Law stipulates that 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.
Attachment: Standards for Filing Theft Cases
(A) filing standards
One, personal theft of public or private property "a large amount", starting from five hundred yuan to two thousand yuan.
Two, personal theft of public or private property "huge", the starting point is 5 thousand yuan to 20 thousand yuan.
Three, personal theft of public or private property "huge", the starting point is 30 thousand yuan to100 thousand yuan.
Higher People's Courts, People's Procuratorates and Public Security Departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government can jointly study and determine the specific amount standards of theft crimes such as "large amount", "huge amount" and "especially huge amount" in this region according to the local economic development and the social security situation, and report them to the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security for the record.
The criteria for determining the amount of theft in the process of railway transportation are as follows:
One, personal theft of public or private property "a large amount", starting from one thousand yuan;
Two, personal theft of public or private property "huge", starting from 1 ten thousand yuan;
Three, personal theft of public or private property "huge", starting with 60 thousand yuan.
(2) Relevant laws and regulations
1, the provisions of article 264th of the criminal law on theft:
Whoever steals public or private property in a large amount or many times 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; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:
(a) theft of financial institutions, the amount is particularly huge;
(2) stealing precious cultural relics, if the circumstances are serious.
2. Provisions of the Ministry of Public Security of the Supreme People's Procuratorate and the Supreme People's Court on the determination standard of the amount of theft.
3. the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases 4. Provisions on investigating and handling cases of theft and robbery of motor vehicles according to law.
What is the filing standard for credit card fraud? 1. Use forged credit cards, credit cards fraudulently obtained by fraudulent use of false identification, invalid credit cards, or fraudulent use of other people's credit cards for credit card fraud, with an amount of more than 5,000 yuan.
"Fraudulent use of another person's credit card" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:
(1) Picking up other people's credit cards and using them;
(2) defrauding others of their credit cards and using them;
(three) stealing, buying, defrauding or other illegal means to obtain other people's credit card information and use it through the Internet, communication terminals, etc. ;
(four) other circumstances of fraudulent use of other people's credit cards.
2. Malicious overdraft of RMB 654.38 million.
If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(two) squandering overdraft funds, unable to return;
(3) Escaping after overdraft, changing contact information and avoiding bank collection;
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for illegal and criminal activities;
(six) other acts of illegal possession of funds and refusal to return them. The amount of malicious overdraft refers to the condition specified in the first paragraph.
The amount that the cardholder refuses to return or the amount that has not been returned. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
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Hello,
The crime of credit card fraud refers to the use of credit cards for a large amount of fraud for the purpose of illegal possession.
The standards for filing (prosecuting) credit card fraud cases have new provisions in the Provisions on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II) newly issued by the Ministry of Public Security of the Supreme People's Procuratorate.
Crime of credit card fraud (Article 196 of the Criminal Law)] Anyone who engages in credit card fraud shall file a case for prosecution under any of the following circumstances: "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs (II)" (1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an invalid credit card, or fraudulently using someone else's credit card for fraud activities, with an amount of more than 5,000 yuan; (2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.
The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.
Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
What is the filing standard for online fraud? It is a national unified standard, that is, more than 3000 yuan.