1. After a fraud case is put on file, the public security organ shall take a confession from the police, collect evidence, conduct an investigation, determine the criminal suspect, and summon the criminal suspect for interrogation;
When the suspect admits the crime, the public security organ will transfer the case to the procuratorate for examination. If the procuratorate considers that it can directly prosecute after examination, the people's court will try and close the case.
The prosecution process of fraud is as follows:
1. The public security organ may impose criminal detention on the flagrante delicto or major suspect. The detained person shall be interrogated within 24 hours after detention;
2. 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 private prosecution case has the right to entrust a defender at any time;
3. 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.
Elements of fraud;
1, object element
The object of infringement is the ownership of public and private property.
The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
2. Objective factors
Objectively, it is manifested in the use of fraud to defraud a large number of public and private property.
(1) The perpetrator commits fraud.
Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances. Therefore, fabricating or concealing past facts, or present facts and future facts, as long as they have the above contents, is a kind of fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud.
(2) fraud makes the other party have a wrong understanding.
The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the other party's disposition of property, it is bound to involve the other party's misunderstanding. If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud.
(3) The establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding.
Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator 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 goods in the vending machine does not constitute a crime of fraud, but can only be established.
(4) After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property.
3. Main elements
The subject 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.
4. Subjective factors
Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property. Under different criminal circumstances, the punishment for criminals of fraud is different, that is to say, the specific imprisonment time of criminals is different. The highest time is life imprisonment.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Thirty-fourth time to entrust a defense A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. 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 the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
In the form of entrusted defense, if the criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender to defend on his behalf.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Criminal law of the people's Republic of China
Article 266 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 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.