The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" was adopted by the 1510th meeting of the Judicial Committee of the Supreme People's Court on October 24.
March 1, 2011
In order to punish criminal fraud activities in accordance with the law and protect the ownership of public and private property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the needs of judicial practice, we are now handling Several issues concerning the specific application of law in criminal cases of fraud are explained as follows:
Article 1: Where the amount of defrauding public or private property is more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan, or more than 500,000 yuan, they shall be determined respectively. It is “relatively large amount”, “huge amount” or “especially huge amount” as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development of the region, jointly study and determine the specific amount standard implemented in the region within the amount specified in the preceding paragraph, and report it to the highest level. The People's Court and the Supreme People's Procuratorate shall file the case.
Article 266 of the Criminal Law of the People's Republic of China. Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also 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 and not more than 10 years, and shall also be fined; If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, such provisions shall prevail.