(1) Whoever commits this crime 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;
(2) 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;
(3) 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.
judicial explanation/interpretation
According to 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 (implemented on April 8, 201/), if the amount of public and private property is more than 3,000 yuan and less than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan, and more than 500,000 yuan, it should be considered as "a large amount" and "a huge amount".
Whoever defrauds public or private property to reach the above-mentioned amount standard in any of the following circumstances may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:
(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.
Ii. judicial interpretation of the supreme law: article 165 of the judicial interpretation of the supreme law stipulates:
(1) "If the defendant refuses the defender to defend him in court and requests to entrust another defender, he shall agree and announce the postponement of the hearing";
(2) "If the defendant requests the people's court to appoint another defense lawyer and the collegial panel agrees, the trial shall be postponed";
(3) After retrial, if the defendant refuses to entrust the defendant or a defense lawyer appointed by the people's court to appear in court again to defend him, the collegial panel shall handle it according to the circumstances;
(4) If the defender is an adult, permission may be granted. However, the defendant may not entrust another defender, and the people's court may not appoint another defense lawyer. The defendant can defend himself.
(5) The defendant shall not be allowed if he belongs to the legal circumstances in which he should be appointed to defend.
Three. Judicial Interpretation of the Supreme People's Court Civil Code When was the judicial interpretation of People's Republic of China (PRC) Civil Code issued? Promulgated on February 30th, 2020, and implemented simultaneously with the Civil Code on June 30th, 20021+0. According to the provisions of the Legislative Law, the new law is only binding on the legal facts after implementation, and has no retrospective effect on the legal facts before implementation, except for special provisions made to better protect the rights and interests of citizens, legal persons and other organizations. As the first judicial interpretation of the application of the Civil Code in China, the time effect of the application of the Civil Code focuses on solving the problem of the connection between the old and new laws, such as contract law and property law, strictly defines the applicable conditions of the retroactivity of this exception, unifies the judgment scale, and ensures the correct implementation of the Civil Code.