According to the law, how to win probation for defrauding 60 thousand?
According to the law, fraudulent probation of 60,000 yuan needs to meet the applicable conditions of probation. The applicable conditions of probation are as follows:
A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives. 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. When sentencing, there should be different sentencing standards according to the specific charges of contract fraud, credit card fraud, loan fraud and ordinary fraud.
If it is an ordinary crime of fraud, defrauding 60,000 yuan is a huge amount of fraud. According to the provisions of Article 266 of the Criminal Law, he should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. However, whether 60,000 yuan or 60,000 yuan reaches the huge standard depends on the regulations of various provinces, municipalities and autonomous regions. Internet fraud is 60,000 years in prison. If the stolen money is returned before sentencing, it belongs to the initiative to return the stolen money, but it will still be sentenced, but the court will give a lighter punishment when sentencing.
According to the law, if the following requirements are met, it can be characterized as fraud:
1, object elements, the object of infringement is the ownership of public and private property.
2. objective factors. Objectively, it is manifested in the use of fraud to defraud a large number of public and private property.
3. Subject elements: the subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective factors. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
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 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.
Where there are other provisions in this Law, such provisions shall prevail.