1. Don't you have to pay back the money if you file a fraud?
The c
1. Don't you have to pay back the money if you file a fraud?
The crime of fraud must be repaid after being sentenced, because repayment is a civil dispute and fraud is a criminal case. The two are different. If the offender has no money to pay back, he can pay by installments, and if he has the ability to pay back, he can submit it to the court for compulsory measures.
1. Punishment is a criminal responsibility, and repayment is a civil responsibility. As long as you have the ability to repay, you must pay it back. However, if it is returned before the judgment, it can be used as a basis for discretionary lighter punishment. After the judgment, it may be used as a basis for repentance during the sentence, and combined with other circumstances, it will have an impact on whether to reduce the sentence.
2. The crime of 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. Whoever commits this crime is sentenced to public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, death penalty and other principal punishments according to the amount of fraud, and is also fined or confiscated of personal property and other supplementary punishments, but the victim is not ordered to make restitution for economic losses.
Before the judgment, it is only used as the basis for discretionary lighter punishment, and after the judgment, it may be used as the basis for repentance, which will affect whether to reduce the sentence in combination with other circumstances.
Simply put, if the judgment has been made, there will be no adverse consequences if the repayment is not made. At most, the punishment will not be mitigated, and the punishment will never be aggravated on the basis of the judgment.
If there is no judgment yet, non-repayment will make the judge's sentencing biased, which may be one year or two years (of course, within the scope of sentencing permitted by law).
Second, how is the crime of fraud judged?
1. Whoever commits this crime 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;
2. 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;
3. 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.
As long as it constitutes a crime of fraud, it needs to bear criminal responsibility. Generally, after criminal responsibility is investigated, the money defrauded by others also needs to be paid off. Therefore, when handling the case, we should judge the case according to the situation of the case. You must take all the responsibilities yourself. If you voluntarily return the fraudulent money, you can also be given a lighter punishment.