1. How long does it take to submit a fraud alert?
The alarm of fraud cases will generally be filed by the public security organs within 7 years. The time limit for filing a criminal case for review shall not exceed 3 days in principle; Suspected criminal clues need to be verified, and the time limit for filing a case for review shall not exceed 7 days; Major and complicated cases may be extended to 30 days with the approval of the person in charge of the public security organ at or above the county level.
Two, the handling procedure of fraud can be divided into three stages:
1, investigation stage:
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
2, review and prosecution stage:
When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
3. Trial stage:
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. After hearing the case, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
① If the facts of the case are clear and the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
3. What provisions does the court have on fraud fines?
Fixed-term imprisonment of not more than three years, criminal detention, public surveillance and a fine:
1, the benchmark penalty for defrauding less than 4,000 yuan; From 4,000 yuan to 5,000 yuan, the benchmark punishment is public surveillance; 5,000 yuan, the benchmark punishment is three months of criminal detention, and the sentence is increased by one month for every increase of 1 670 yuan; If it is 1000 yuan, the benchmark punishment is six months' imprisonment, and for every increase of 1000 yuan, the imprisonment will be increased by one month;
2. Under any of the circumstances stipulated in Article 126, if it is planned to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment; If it is planned to impose control or fines, it will be upgraded to criminal detention;
3. For recidivists who swindle 3,000 yuan, the benchmark punishment is six months' imprisonment, and each additional 1230 yuan will increase one month's imprisonment.
Sentenced to fixed-term imprisonment of not less than three years but not more than ten years, defrauding 40,000 yuan, the benchmark punishment is fixed-term imprisonment of three years, and the sentence will be increased by one month for every increase of 2,000 yuan.
If a person is sentenced to fixed-term imprisonment of not less than 10 years and defrauds 200,000 yuan, the benchmark punishment shall be 10 years of fixed-term imprisonment, and the sentence shall be increased by one month for every additional 4,000 yuan.
Iv. In case of any of the following circumstances, the amount of serious affection is 10%:
1. The ringleader of a fraud group or the principal of a major fraud crime;
2, recidivist or fugitive crime, serious harm;
3. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses.
4, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical care and other funds and materials, resulting in serious consequences;
5, squandering fraudulent property, resulting in fraudulent property can not be returned;
6, the use of fraudulent property for illegal and criminal activities;
7. Causing death, mental disorder or other serious consequences to the victim;
8. The defendant was sentenced for a crime or given an administrative punishment for fraud;
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 170 The People's Procuratorate shall, in accordance with the relevant provisions of this Law and the Supervision Law, examine the cases transferred for prosecution by the supervisory organs. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary. The people's procuratorate shall first detain the criminal suspect in the case that the supervisory organ has transferred for prosecution, and the lien measures shall be automatically lifted. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest, get a bail pending trial or monitor residence. Under special circumstances, the decision time can be extended by one to four days. The period when the people's procuratorate decides to take compulsory measures shall not be counted in the period of examination and prosecution.