How to identify the crime of fraud
1. The boundary between the crime of fraud and lending activities. If the borrower defaults on the loan for a long time for some reason, or fabricates lies or conceals the truth to defraud the money, and cannot repay when due, as long as there is no purpose of illegal possession, no squandering, no repudiation, no more fraud, and there is indeed repayment If there is an intention to make a loan, it is still a loan dispute and does not constitute a crime of fraud.
2. The boundary between the crime of fraud and the crime of purchasing debts on behalf of someone else. If the person acting on behalf of the debtor takes the money in the name of buying in-demand goods, but does not buy anything, and misappropriates the debt without authorization or fails to repay the debt, the real purpose, the relationship between the two parties, the origin of the matter, and the behavior of the debtor should focus on the investigation. The person's specific behavior, the circumstances of the consequences of arrears, etc., so as to correctly judge whether he has the intention to illegally possess. If it is clear that you want to make purchases for others, but fail to purchase for some reason, and still intend to return the goods after misappropriation, you may not be punished for fraud. If you commit fraud in the name of purchasing on behalf of others, defrauding a large amount of property, squandering it without any intention of returning it, and being unable to return it, you should be punished with the crime of fraud.
3. The boundaries between the crime of fraud and capitalized enterprises evading debt due to losses. If it is indeed a capitalized enterprise, but it leaves the company due to poor management or loss avoidance, it is still a property and debt dispute. This is essentially different from fraudsters who use the name of corporate fund-raising to abscond with money to achieve their illegal possession purposes.
Police handling of fraud cases:
1. Fraud reports should be accepted immediately, and the reporter or witnesses should be asked about the general facts of the case, as well as the crime scene and other circumstances.
2. Make detailed notes (question-and-answer format), and sign for confirmation after verification. If necessary, audio or video recording should be made.
3. Relevant evidence materials provided by the whistleblower must be registered, signed by the whistleblower for confirmation, and properly kept.
4. After accepting the case, give the receipt of acceptance to the whistleblower.
5. Review. After review, if it is believed that there are criminal facts that require investigation of criminal responsibility and it is within its own jurisdiction, the case shall be filed with the approval of the person in charge of the public security organ at or above the county level; if it is deemed that there are no criminal facts, or the criminal facts are obviously minor and do not require criminal liability, or there are other If criminal liability is not pursued in accordance with the law, the case will not be filed with the approval of the person in charge of the public security organ at or above the county level.
I hope the above content can be helpful to you. If you have any questions, please consult a professional lawyer.
Legal basis:
Article 266 of the "Criminal Law of the People's Republic of China"
Defrauding public or private property, if the amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined. If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.