1. What is the standard for filing a criminal case of electric fraud?
1, the standard for filing criminal cases of electric fraud is 3000 yuan. Citizens who have been cheated by misinformation through SMS, telephone, Internet, radio and television, newspapers and periodicals, etc., and the amount of fraud is more than 3,000 yuan to less than 10000 yuan, meet the standards for filing and prosecuting the crime of fraud in this joint judicial interpretation.
2. Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.
Second, what constitutes a telecom fraud crime?
1, object element. The object of infringement is the ownership of public and private property. Limited to the property of the state, collective or individual, rather than defrauding other illegal interests;
2. objective factors. Objectively, it is manifested in the use of fraud to defraud a large amount of public and private property;
3. Main elements. It is a general subject, and any natural person who reaches the legal age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of telecom fraud;
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. Please consult a professional lawyer if you have any other questions.
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 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.