Aggravated Consequence Crime refers to a criminal act stipulated by law, which the perpetrator can foresee but does not foresee, causing serious consequences and aggravating his legal punishment. ?
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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud?
Article 2 Whoever defrauds public or private property to the amount specified in Article 1 of this Interpretation shall be given a heavier punishment in accordance with the provisions of Article 266 of the Criminal Law under any of the following circumstances:
(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 standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively. ?
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Case: Four main suspects were arrested in Xu Yuyu, Linyi?
On the evening of 26th, the reporter learned from Weibo, the official of Shandong Provincial Public Security Bureau, that the main suspect in the fraud case of Xu Yuyu, Luo Zhuang, Linyi City had been arrested. ?
Weibo, a Shandong police officer, said that the task force went to Fujian, Anhui, Jiangxi, Guizhou and Guangdong. After continuous fierce fighting, as of the evening of August 26th, the main suspects were Xiong Chao (male, 19 years old, from Fengdu, Chongqing), Zheng Jinfeng (male, 29 years old, from Yongchun, Fujian) and Chen Fudi (male, 29 years old, from Anxi, Fujian).
On August 19, a telecom fraud case occurred in Luo Zhuang, Linyi City. /kloc-Xu Yuyu, a 0/8-year-old prospective college student, was defrauded of 9900 yuan through bank ATM transfer on the grounds of granting scholarships. After discovering that they were cheated, Xu Yuyu and his father went to the public security organ to report the case. Faint on the way home, cardiac arrest, sent to hospital for rescue and died. ?
After the case occurred, the Ministry of Public Security immediately organized public security organs in Shandong, Fujian, Jiangxi and Guangdong to carry out investigations. It was found through work that the case was committed by criminal suspects Chen Wenhui, Zheng Jinfeng, Chen Fudi, Xiong Chao, Zheng Xiancong, Huang Jinchun and others. On the 26th, the Ministry of Public Security has issued an A-level wanted order, and Shandong police are continuing to work in relevant areas, and with the coordinated support of relevant areas, they are fully pursuing other people involved in the case.
Baidu Encyclopedia-Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
China Court Network-Four main suspects were arrested in Xu Yuyu.