1. Criminal defense mainly involves investigation and evidence collection, which is very difficult. Then, according to the results of investigation and evidence collection, put forward materials and opinions to prove that the criminal suspects and defendants are innocent and light, or to reduce or exempt their criminal responsibilities, so as to safeguard the legitimate rights and interests of the criminal suspects and defendants;
2. To protect the legitimate rights and interests of criminal suspects to the maximum extent, we should not only master the legal provisions and judicial interpretation of this kind of crime, but also know the relevant provisions of crime and non-crime, this crime and that crime;
3. We also need careful thinking ability to grasp the actual case of the suspect, and then try to find out the essential difference between the behavior of the suspect and the relevant provisions in combination with the actual case and the provisions of national laws, so as to avoid the judicial organs from convicting the suspect accordingly;
4. If the criminal suspect has indeed constituted a crime, there is no doubt, then the lawyer's duty will be transformed into trying to find the legal basis and factual reasons for the criminal suspect to reduce his punishment.
The crime of fraud refers to the act of defrauding a large amount of public and private property by means of fictional facts or concealing the truth for the purpose of illegal possession. Specifically, the fraudulent behavior of the actor for the purpose of illegal possession leads to the wrong understanding of the victim, which makes the victim dispose of the property based on the wrong understanding so that the actor can obtain the property, and finally the victim suffers property losses.
Judging from the subject of crime, according to the regulations, the subject of fraud is a general subject, that is, a natural person, and a company cannot be the subject of fraud. From the criminal object, it only infringes on the ownership of public and private property. From the subjective aspect of crime, it should have direct intention and aim at illegal possession. From the objective aspect of crime, it is manifested as the act of fabricating facts or concealing the truth to defraud public and private property, with a large amount. The most prominent feature of fraud is that the perpetrator tries to make the victim have a cognitive illusion and make him consciously deliver all his property to the perpetrator.
laws and regulations
Criminal law of the people's Republic of China
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.