According to the law, suspected fraud should be investigated for criminal responsibility according to the amount of fraud and specific circumstances. Attempted crime can be given a lighter punishment according to the accomplished crime. In criminal proceedings, if only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished. If the evidence is true and sufficient, the following conditions shall be met:
(1) The facts of conviction and sentencing are proved by evidence;
(2) The evidence on which the final decision is based has been verified by legal procedures;
(3) According to the evidence of the whole case, reasonable doubt has been ruled out on the facts identified.
The fraudster does not admit that fraud is not his own decision, but depends on the final evidence. If the suspect refuses to plead guilty, the court will consider whether the suspect really constitutes a crime. If there is no other evidence to prove his guilt, the court will make an acquittal according to law. If there is other evidence to prove his guilt, the court should sentence him to criminal law and give him a heavier punishment. It can be seen that the crime of fraud is not recognized, and as long as the evidence is sufficient, it is necessary to sentence.
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Legal basis:
Article 23 of the Criminal Law
An attempted crime has been committed, and it is an attempted crime if it fails for reasons other than the criminal's will.
Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.
Article 55 of the Criminal Procedure Law
In sentencing all cases, we should attach importance to evidence, investigation and research, and we should not trust confessions. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished.