Can fraud be dismissed?
As an individual, you can only withdraw a case of private prosecution. Fraud belongs to the merits of public prosecution. In the investigation stage, the public security can dismiss the case and the procuratorate can not prosecute. At the trial stage, the court will not dismiss the case, or return it to the procuratorate, or terminate the trial, or make a verdict of innocence or guilt. The crime of contract fraud is a public prosecution case, and the prosecutor is the national public prosecution organ. Once the case is filed and settled privately, the victim issues a letter of understanding to the case-handling department, which can only be considered as mitigating the circumstances and asking the victim to forgive. If stolen goods are returned, they will be returned voluntarily, but the facts of the case cannot be denied. If it does not conform to the provisions of the Criminal Procedure Law, the victim has no right to claim to withdraw the lawsuit. The legal penalty for the amount of fraud is fixed-term imprisonment of not more than three years. If the criminal suspect returns compensation and obtains the understanding of the victim and does not pursue it, the public security organ may not file a case and shall not pursue criminal responsibility.
According to the provisions of Articles 151 and 152 of the Criminal Law, using economic contracts to defraud other people's property, if the amount is relatively large, constitutes the crime of fraud.
Where an economic contract is used for fraud, the amount of fraud shall be determined by the actual amount of fraud by the actor, and the amount of the subject matter of the contract can be considered as a sentencing circumstance.
If the actor has one of the following circumstances, it shall be deemed that his behavior belongs to fraud by using economic contracts for the purpose of illegal possession:
(1) Signing a contract with others by the following fraudulent means, knowing that they have no ability to perform the contract or effective guarantee, to defraud a large amount of property and cause heavy losses:
1, fictional subject;
2. fraudulently 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. Conceal the real situation and use collateral and creditor's rights certificates. Knowing that it does not meet the guarantee conditions, as a guarantee for the performance of the contract;
6. Use other deception to make the other party pay money or goods.
(two) after the signing of the contract, absconded with goods, payment, advance payment or deposit, deposit and other property to ensure the performance of the contract;
(three) squandering the goods, payment, advance payment, deposit, deposit and other property that guarantees the performance of the contract delivered by the other party, so that the above-mentioned funds and materials cannot be returned;
(four) using the goods, payment, advance payment or
What should be rejected?
Article 183 of the Procedures for Handling Criminal Cases by Public Security Organs, if one of the following circumstances is found after investigation, the case shall be dismissed:
(1) There are no criminal facts;
(two) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(3) The crime has passed the limitation period for prosecution;
(4) Being exempted from punishment by an amnesty order;
(5) The criminal suspect is dead;
(six) other people who are not investigated for criminal responsibility according to law.
Provisions on fraud in criminal law
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 shall 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.
Article 210, paragraph 2, whoever defrauds special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes shall be convicted and punished in accordance with the provisions of Article 266 of this Law.
Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.