The defense of the crime of contract fraud should at least master the following basic legal provisions and judicial interpretations of this crime. On this basis, according to the specific facts of the suspects involved, this paper makes targeted analysis and demonstration, and puts forward specific defense plans. Defending by powerful defense lawyers or defense lawyers will protect the legitimate rights and interests of criminal suspects to the greatest extent. Criminal defense mainly involves investigation and evidence collection, which is very difficult. Then, according to the results of investigation and evidence collection, put forward materials and opinions to prove the innocence, lighter or mitigated criminal responsibility of criminal suspects and defendants, and safeguard their legitimate rights and interests. To protect the legitimate rights and interests of criminal suspects to the maximum extent, it is necessary not only to master the legal provisions of this kind of crime in China and the judicial interpretation of the Supreme Court, but also to know the provisions of criminal law on crime and non-crime, this crime and that crime; We also need careful thinking ability, grasp the actual case of the criminal suspect, and then combine the actual case with the provisions of national laws, trying to find out the essential difference between the criminal suspect's behavior and the provisions of the criminal law, so as to avoid the judicial organs from convicting the criminal suspect accordingly. If the criminal suspect has indeed constituted a crime, there is no doubt that the lawyer's duty is to try to find the legal basis and factual reasons for the criminal suspect to reduce his punishment. In a word, the task of criminal defense lawyers is to provide effective defense for criminal suspects as much as possible according to the laws and regulations of China. Some criminal cases are particularly difficult, and the legal relationships involved are particularly complicated. Criminal defense lawyers also employ law professors, research institutions and other experts to conduct legal expert argumentation on such extremely difficult criminal cases, and issue authoritative legal expert opinions to provide your relatives and friends with favorable defense opinions on innocence, light crime or mitigation and exemption from criminal responsibility. Using loopholes in the contract or terms in the contract to defraud the victim is often a large amount, but if the circumstances of the fraud are relatively light, many penalties may be reduced, but it will not help if the lawyer's defense is not very conclusive evidence. It is best to ask a lawyer to conduct a detailed investigation in advance.
Legal objectivity:
criminal law
Article 224
Under any of the following circumstances, if the amount involved is relatively large in the process of signing and performing a contract for the purpose of illegal possession, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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:
(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.