First, will the crime of fraud be pronounced on the spot?
It depends on the specific situation.
Criminal cases are different from civil cases and cannot be pronounced on the day of trial. However, if the verdict is pronounced in court, it needs to be served on the parties and the people's procuratorate within five days; If the judgment is not pronounced in court, but is pronounced regularly, it needs to be sent to the parties and the people's procuratorate that initiated the public prosecution after the judgment, and the judgment needs to be sent to the defender and litigation agent.
Article 202 of the Criminal Procedure Law. The verdict was announced publicly. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
Second, the sentencing standard of fraud
(1) Reference point of legal benchmark punishment for fixed-term imprisonment of less than three years, criminal detention, public surveillance and single penalty.
The amount of fraud is less than 4000 yuan, which is a fine; Between 4,000 yuan and 5,000 yuan, it is public surveillance; 5,000 yuan, three months of criminal detention, and each increase of 1670 yuan will increase the sentence by one month; 1000 yuan, for six months in prison, each increase of 1000 yuan, the sentence will be increased by one month;
(2) The reference point of statutory benchmark punishment for fixed-term imprisonment of more than three years and less than ten years.
Whoever cheats 40,000 yuan shall be sentenced to three years' imprisonment, and the term of imprisonment shall be increased by one month for every additional 2,000 yuan.
(3) the reference point of the statutory benchmark punishment of fixed-term imprisonment of more than ten years.
Whoever cheats 200,000 yuan shall be sentenced to 10 years' imprisonment, and for every additional 4,000 yuan, the sentence shall be increased by one month.
3. Will the parents be informed of the court's judgment on fraud?
Under normal circumstances, the people's court will not inform the family members of the verdict. However, if a minor is under the age of 18, the legal representative of the minor criminal suspect or defendant shall be notified to be present at the interrogation and trial.
However, according to the provisions of the Criminal Procedure Law, after the people's court decides to hold a hearing, it shall do the following work:
(1) determine the members of the collegial panel;
(2) A copy of the indictment of the people's procuratorate shall be served on the defendant ten days before the court session at the latest. If the defendant fails to entrust a defender, he shall be informed that he can entrust a defender, and if necessary, he may appoint a lawyer who undertakes the obligation of legal aid to defend him;
(3) Notify the people's procuratorate of the time and place of the court session three days before the court session;
(4) Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices shall be served at least three days before the court session;
(5) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
Legal basis: According to Article 54 of the Criminal Procedure Law, confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats should be excluded.
If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.