The crime of contract fraud refers to the act of defrauding the property of the parties in the process of signing and performing the contract for the purpose of illegal possession. The objects of infringement are contract management order and public and private property ownership; Objectively speaking, in the process of signing and performing the contract, the behavior of defrauding the parties' property is large; The subject is a general subject, and both natural persons and units can constitute the subject of contract fraud; Subjectively, it is intentional and must be aimed at illegal possession. That is, the perpetrator knows that his behavior is to defraud others of property, but for the purpose of illegal possession, he actively pursues the occurrence of criminal results. Whether it is fraud or not depends on the actual situation of the case. Conditions for the crime of fraud: 1. The perpetrator commits fraud. Formally speaking, fraud includes two types, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding; 2. Fraud makes the other party misunderstand. The misunderstanding of the other party is caused by the fraud of the actor; 3. The crime of fraud requires the victim to dispose of his property after falling into a wrong understanding; 4. After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property.
How to prosecute fraud 1? If you are cheated, you must first choose to call the police. If a criminal suspect is arrested and refuses to compensate the victim for his losses, the victim may file a civil lawsuit incidental to the criminal case or file a separate civil lawsuit. 2. Legal basis: (1) According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, if the amount of defrauding public or private property is between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan and 500,000 yuan, it shall be deemed as "a large amount" and "a particularly huge amount" as stipulated in Article 22. (2) Article 266 of the Criminal Law. 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 224 The crime of contract fraud, under any of the following circumstances, defrauds the other party of property for the purpose of illegal possession in the process of signing and performing the contract, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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: (1) Fictitious units or signing contracts under the name of others; (2) Mortgaging with forged, altered or invalid bills or other false property rights certificates; (three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability; (4) After receiving the payment for goods, advance payment or secured property paid by the other party; (5) defrauding the other party's property by other means.