First, in 2011, the Sichuan Provincial Higher People's Court "on the determination of the specific amount of the implementation of the standard of the crime of fraud in Sichuan Province"
The notice stipulates that the value of defrauding the public and private property of more than 5,000 yuan for the larger; more than 50,000 yuan for the "amount of huge "; 500,000 yuan or more is a particularly large amount. (Meaning: the amount involved in the case is less than 5,000 yuan is generally not criminally punishable.)
Second, according to Article 266 of the Criminal Law, guilty of this crime:
1, the amount of larger, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine;
2, the amount of huge or other serious circumstances, shall be sentenced to more than three years to less than ten years of fixed-term imprisonment, and shall be punished by a fine;
3, the amount of especially huge or have other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be fined or confiscated property.
Three, the Sichuan Provincial High Court sentencing guidelines corresponding to the provisions
(VII) fraud
1. statutory penalty in the following three years of fixed-term imprisonment, detention, control, a single fine range of the sentencing threshold and the base sentence
Fraud of public and private property to reach the starting point of the "larger amount" in three months of detention to six months of imprisonment, and the base sentence
Fraud of public and private property to reach the starting point of the "larger amount" in three months of detention to six months of imprisonment. Three months of detention to six months of imprisonment range to determine the starting point of sentencing. On the basis of the starting point of sentencing, the amount of fraud increased by 1,500 yuan, an additional month to two months of imprisonment, so as to determine the base sentence.
2. The statutory penalty in the range of three years or less than ten years of imprisonment range of the sentencing threshold and the base sentence
Fraudulent public and private property, the amount of the crime reaches the starting point of the "amount of huge" in the range of three to four years of imprisonment to determine the starting point of sentencing.
The amount of fraudulent public and private property is close to a huge amount, and one of the following circumstances, shall be recognized as "other serious circumstances", and determine the starting point for sentencing within the range of three to four years of imprisonment: by sending text messages, making phone calls or using the Internet, radio and television, newspapers and magazines, etc. to publish false information, to the unspecified majority of people to commit fraud. A specific majority of people to implement fraud; fraud, disaster relief, rescue, flood control, welfare, poverty alleviation, immigration, relief, medical funds; in the name of disaster relief and fundraising to implement fraud; fraud of the disabled, the elderly or the loss of the ability to work of people's belongings; resulting in the victim's suicide, mental disorders, or other serious consequences; belonging to the fraud group of the prime mover; with other serious circumstances.
On the basis of the starting point for sentencing, according to the amount of fraud and other criminal facts affecting the composition of the crime to increase the amount of punishment, to determine the base sentence. If one of the following circumstances exists, the corresponding amount of punishment shall be increased:
(1) the amount of the crime reaches the standard of "huge amount", and for every additional six thousand yuan, the sentence shall be increased by one month to two months;
(2) the amount of the crime is close to the standard of "huge amount", and the amount of the crime can be recognized as "huge amount". (2) If the amount of the crime is close to the standard of "huge amount", and there are circumstances that can be recognized as "other serious circumstances", for each additional circumstance, the sentence shall be increased by six months to two years.
3. The starting point for sentencing and the base sentence in the range of ten years or more of fixed-term imprisonment
Fraud of public and private property, the amount of the crime reaches the starting point of the "particularly large amount", in the range of ten to twelve years of fixed-term imprisonment to determine the starting point for sentencing. Except for those who should be sentenced to life imprisonment according to law.
If the amount of fraudulent public or private property is close to "a particularly large amount" and one of the following circumstances exists, it shall be recognized as "other particularly serious circumstances", except that it shall be sentenced to life imprisonment in accordance with the law, and the starting point for sentencing shall be determined within the range of ten to twelve years of imprisonment. Determine the starting point for sentencing: by sending text messages, making phone calls or the use of the Internet, radio and television, newspapers and magazines, etc. to publish false information, fraud on the unspecified majority of people; fraud, disaster relief, rescue, flood control, welfare, poverty alleviation, immigration, relief, medical care money and goods; in the name of disaster relief fund-raising to carry out fraud; fraudulent persons with disabilities, the elderly or loss of working capacity of people's belongings; resulting in the victim's suicide, Mental disorders or other serious consequences; belonging to the primary fraud group; with other serious circumstances.
On the basis of the starting point for sentencing, the amount of punishment will be increased according to the amount of fraud and other facts affecting the composition of the crime, and the base sentence will be determined. If one of the following circumstances exists, the corresponding amount of penalties shall be increased to determine the base sentence:
(1) the amount of the crime reaches the standard of "especially large amount", and for every additional 50,000 yuan, the sentence shall be increased by one month to three months;
(2) the amount of the crime is close to the standard of "especially large amount", and the amount of the crime can be recognized as "especially large amount", and the amount of the crime is close to the standard of "especially large amount". (2) The amount of the crime is close to the standard of "particularly large amount", and there are circumstances that can be recognized as "other particularly serious circumstances", and for each additional circumstance, the sentence shall be increased by six months to two years.
4. If one of the following circumstances exists, the penalty may be heavier, but if there are two or more of these circumstances at the same time, the cumulative total shall not exceed 100% of the base sentence:
(1) defrauding public or private property, belonging to the foremost member of a fraud group, or having one of the following circumstances, the increase in the base sentence shall be less than 30% (except for those that have already been determined to be a fact of criminal composition): by sending text messages, making phone calls or the use of the Internet, radio and television, newspapers and magazines, etc. to publish false information, to the unspecified majority of people to implement fraud; fraud disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical funds and goods; in the name of disaster relief and fundraising to implement fraud; defrauding people with disabilities, the elderly or the loss of the ability to work for the person of their belongings; resulting in the victim's suicide, mental disorders, or other serious consequences; with other Serious circumstances. For each of the above circumstances, the base sentence shall be increased by up to 10%;
(2) If the fraud is committed repeatedly, the base sentence shall be increased by up to 20%;
(3) If the fraud is committed for the purpose of illegal activities such as drug addiction or gambling, the base sentence shall be increased by up to 20%.
5. If one of the following circumstances is present, the punishment can be lenient:
(1) if the stolen goods are automatically returned to the victim before the crime is committed, the base sentence will be reduced by less than 30%;
(2) if the fraud is really due to the necessity of life, study, or treatment of urgent needs, the base sentence will be reduced by less than 30%;
(3) if the fraud is committed against the property of a close family member, the close family member understands the fraud, and the fraud is generally not dealt with as a crime; if it is really due to the necessity of life, study, or treatment of urgent needs, the base sentence will be reduced by less than 30%. Generally may not be dealt with as a crime; there is a need to pursue criminal responsibility, should be reduced by 20% -50% of the base sentence;
(4) other circumstances that can be mitigated, can be reduced by less than 20% of the base sentence.
6. For the part of the crime of fraud that has both attempt and failure, if the base sentence is determined by the part of the attempt, the base sentence may be increased by less than 30% according to the extent of the criminal act of the failure, the size of the damages caused, and the reasons why the crime has not succeeded; if the base sentence is determined by the part of the failure, the base sentence may be increased by less than 40% according to the size of the damages caused by the part of the criminal act of the attempt. 40% or less.
7. Issues to be clarified
(1) If the attempted fraud is committed with a huge amount of property as the target of the fraud, or if there are other serious circumstances, the person shall be convicted and punished, and the starting point of the sentencing and the base sentence shall be determined in accordance with the circumstances of the case with reference to the provisions of Articles 1, 2 and 3.
(2) Where a fraudulent offense has both an attempt and an attempt, and the sentencing range corresponding to the attempted portion is heavier, or where the sentencing ranges corresponding to both the attempt and the attempt are the same, the base sentence shall be determined by the attempted portion, with the attempted portion serving as a sentencing circumstance that adjusts the base sentence; and where the attempted portion corresponds to a heavier sentencing range, the base sentence shall be determined by the attempted portion, with the attempted portion serving as a sentencing circumstance that adjusts the base sentence.
(3) although the fraudulent public and private property has reached the "larger amount" standard, but with one of the following circumstances, and the perpetrator pleads guilty, repentance, can be exempted from criminal punishment according to Article 37 of the Criminal Law, Article 142 of the Code of Criminal Procedure: with the statutory leniency of the circumstances; the first trial before the sentence is declared, the entire amount of the stolen goods, restitution; not involved in the distribution of the punishment of the part of the criminal law. The following are some examples of such penalties: the following are the circumstances of leniency; the return of all stolen goods before the judgment of the first trial; the return of compensation; the lack of participation in the distribution of stolen goods or the small amount of stolen goods and is not the main culprit; the understanding of the victim; and other circumstances that are minor and not harmful.
Sichuan 2016 within the scope of the year, for reference only, if there are new provisions, judicial interpretations, please refer to the latest provisions.