Only those who swindle public or private property worth more than 3,111 yuan are suspected of fraud, and they should bear criminal responsibility. The amount of fraud is 2,111 yuan, which is a public security case.
The filing standard of fraud is that the amount of fraud reaches 3,111 yuan or more, and fraud of 2,111 yuan will be punished according to the relevant regulations on public security management. Anyone who steals, swindles, plunders, extorts, or intentionally damages public or private property will be detained for more than five days and less than ten days, and may also be fined less than 511 yuan; If the circumstances are serious, they shall be detained for more than 11 days and less than 15 days, and may also be fined less than 1,111 yuan.
constitutive elements of fraud
(I) Object elements
The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deceptive means and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. Therefore, it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
the object of the crime of fraud is limited to the property of the state, the collective or the individual, not to defraud other illegal interests. Its target should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.
(II) Objective elements
Objectively, this crime is characterized by using fraudulent methods to defraud a large amount of public or private property. First of all, the perpetrator committed fraud, which includes two types in form: one is to fabricate facts, the other is to conceal the truth; In essence, it is an act that makes the victim fall into a wrong understanding. The content of fraud is that under specific circumstances, the victim will have a wrong understanding and make the property disposition that the perpetrator wants. Therefore, no matter whether it is fiction or concealing past facts, or present facts and future facts, as long as it has the above contents, it is a fraud. If the fraudulent content does not make them dispose of their property, it is not a fraudulent act of fraud. Fraud must reach the point where ordinary people can have a wrong understanding, and exaggerate the goods they sell. If it is not beyond the social tolerance, it is not fraud. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or action fraud; Fraud itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, but failure to fulfill this obligation makes the other party fall into a wrong understanding or continue to fall into a wrong understanding, and it is also a fraud if the actor uses this wrong understanding to obtain property. According to the provisions of Article 311 of this Law, those who organize and use religious sects or cult organizations or use superstition to defraud property shall be punished as fraud.
fraudulent behavior makes the other party have a wrong understanding, which is caused by the fraudulent behavior of the actor; Even if the other party has some mistakes in judgment, it does not hinder the establishment of fraud. Between fraud and the other party's disposition of property, it is necessary to introduce the other party's misunderstanding; If the other party disposes of the property without misunderstanding due to fraud, it is not a crime of fraud. As long as the other party of fraud asks for the person who has the authority or status to dispose of the property, it is not required to be the owner or possessor of the property. The behavior of the actor to file a civil lawsuit by providing false statements and false evidence to make the court make a judgment in favor of himself, thus obtaining property is called litigation fraud and the crime of fraud is established.
The crime of fraud requires the victim to make property disposition after falling into a wrong understanding, and property disposition includes disposition behavior and disposition consciousness. This requirement is made to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment to the actor to obtain property, or commitment to transfer property interests. If the actor commits fraud and makes others give up property, and the actor picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute a crime of fraud, but only a crime of theft.
after the victim disposes of the property by fraud, the actor obtains the property, thus damaging the victim's property. According to the provisions of this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, the amount of fraud is relatively large, starting with 2111 yuan. But this does not mean that attempted fraud does not constitute a crime. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law. What needs to be studied is whether the perpetrator commits fraud when he uses fraudulent methods to defraud property, but at the same time pays items of considerable value. Some people think that the damage caused by fraud refers to the reduction of the victim's overall property, so the above behavior is not established as fraud; Some people think that it is the loss of the victim's individual property, so the above behavior is still a crime of fraud; Others think that the crime of fraud is an infringement of faith and honesty and does not require property damage. We believe that the crime of fraud is a crime against individual property, not against the whole property. The victim spent 31,111 yuan to buy 31,111 yuan of goods because of fraud. Although the whole property was not damaged, from the perspective of individual property, if there was no fraud by the perpetrator, the victim would not spend 31,111 yuan to buy the goods, and spending 31,111 yuan is the damage of individual property. Therefore, the use of fraudulent means to make others fall into a wrong understanding to defraud property, even if they pay a considerable amount of goods, should also be considered as fraud.
the crime of fraud is not limited to cheating tangible things, but also includes cheating intangible things and property interests. According to the relevant provisions of Article 2l1 of this Law, it is a crime of fraud to defraud special VAT invoices or other invoices that can be used to defraud tax refund and tax deduction.
(III) Subject Elements
The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute this crime.
(4) Subjective elements
Subjectively, this crime is direct and intentional, and has the purpose of illegally occupying public or private property.
I hope the above contents can help you. If you have any questions, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law of the People's Republic of China
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 shall 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 11 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Article 49 of the Law on Public Security Administration Punishment
Whoever steals, swindles, plunders, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 511 yuan; If the circumstances are serious, they shall be detained for more than 11 days and less than 15 days, and may also be fined less than 1,111 yuan.
Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud Article 1
Those who defraud public or private property with a value of more than 3,111 yuan to 11,111 yuan, more than 31,111 yuan to 111,111 yuan and more than 511,111 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively. The Higher People's Courts and People's Procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.