1. An accomplice in a fraud case can be investigated for criminal responsibility and bear civil liability at the same time, knowing that the middleman belongs to a * * * crime.
1. An accessory to a fraud case who commits this crime shall be given a lighter or mitigated punishment or be exempted from punishment on the basis of fixed-term imprisonment of not more than three years, criminal detention or public surveillance and a fine or a single fine. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, with a lighter or mitigated punishment on the basis of a fine. If the circumstances are especially serious, the punishment shall be given a lighter or mitigated punishment on the basis of fixed-term imprisonment of not less than 10 years or life imprisonment with a fine or confiscation of property.
2. Victims of fraud cases can file an incidental civil action, and the scope of their claims is limited to the property losses they have suffered, and provide corresponding evidence to prove their claims.
Two, the middleman does not know, shall not be investigated for criminal responsibility, but shall bear civil liability.
How to identify corporate fraud gangs as crimes?
From the following aspects, it is determined that fraud gangs commit crimes first and have criminal responsibility; Second, all criminals have the same criminal intention; Third, there are criminal acts. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. 1, the subject of the crime of fraud is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Therefore, the criminal of fraud must be a natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility. 2. The subjective aspect of the criminal suspect in the crime of fraud is direct intention, which has the purpose of illegally occupying public and private property. Then * * * is also illegal possession of public and private finances and intentional crime. 3. The crime of fraud is objectively manifested in the use of fraud to defraud a large number of public and private property. Then * * * who committed the crime of fraud also committed the crime of fraud to defraud a large number of public and private finances.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 101 of the Criminal Procedure Law of People's Republic of China (PRC). If the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action. If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.