Is contract fraud a public prosecution or a private prosecution

Contract fraud is a public prosecution case. A case of public prosecution must be reported to the public security organ first, and the public security organ shall file a case for investigation. If it really constitutes a crime, the public security organ should file a case for investigation, report it to the procuratorate for examination and prosecution, and the court will decide. Only under certain conditions can public prosecution be turned into private prosecution, that is, the victim directly goes to court to prosecute. Criminal private prosecution cases do not pay legal fees.

The judgment on contract fraud is as follows:

1, personal contract fraud, the amount is less than 5000 yuan, a single fine;

2, more than 5000 yuan less than 1 ten thousand yuan, criminal detention;

3. 10000 yuan, six months' imprisonment increased by 1200 yuan, and one month's imprisonment increased.

The conditions for contract fraud are as follows:

1, object element. The object of this crime is a complex object, that is, the state's management order of economic contracts and the ownership of public and private property. The object of this crime is public and private property;

2. objective factors. The objective aspect of this crime is to cheat the other party's property by fabricating facts or concealing the truth in the process of signing and performing the contract, and the amount is relatively large. The contract here should be understood as not including the simple loan contract, because using the loan contract for fraud is equivalent to directly making the other party have a wrong understanding and then disposing of the property through fraud, which is completely in line with the composition of fraud;

3. Main elements. The subject, individual or unit of this crime can be constituted. The individual who commits this crime is the general subject, and the unit that commits this crime is any unit;

4. Subjective factors. The subjective aspect of this crime is direct intention, which has the purpose of illegally occupying the other party's property.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 224 of the Criminal Code of People's Republic of China (PRC).

Under any of the following circumstances, it constitutes the crime of contract fraud. In the process of signing and performing a contract, the other party is defrauded of property for the purpose of illegal possession. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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:

(1) Signing a contract in the name of a fictitious unit or others;

(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;

(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;

(4) After receiving the payment for goods, advance payment or secured property paid by the other party;

(5) defrauding the other party's property by other means.