1. How long is the detention period involved in fraud cases?
The detention period involved in fraud cases generally ranges from 10 to 15 days, and generally does not exceed 37 days. It is a process for public security organs to put on record for investigation. First of all, we should investigate the background of the suspect, as well as the social background and family. The time is ripe for arrest. How long will it take to get the results? The laws of this answering country are not clearly stipulated. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.
Second, the legal basis
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.
Paragraph 2 of Article 210 of the Criminal Law: 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 of the Criminal Law: Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to hide stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Paragraph 3 of Article 300 of the Criminal Law: Whoever organizes or uses sects or cults or uses superstitions to rape women and defraud property shall be convicted and punished in accordance with the provisions of Articles 236 and 266 of this Law respectively.
Article 287 of the Criminal Law: Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
What needs to be clear is that the judicial organs have clear provisions on the duration of detention. Under normal circumstances, the judicial organ shall complete the preliminary determination of the criminal facts of fraud cases within the prescribed time limit. If the facts of the crime are ascertained, it shall be transferred to the arrest stage. If the facts of the crime cannot be ascertained, the parties concerned shall be released in time. Under special circumstances, if it is necessary to extend the detention period, it shall be approved by the higher judicial organ.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 91 of the Criminal Procedure Law of People's Republic of China (PRC).
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.