The elements of fraud are as follows:
1. On the subject, the actor must be a natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability;
2. As far as the object is concerned, the crime of fraud must infringe on the ownership of other people's public and private property;
3. Subjectively, the actor must have the subjective intention to attempt illegal possession;
4. Objectively, the actor defrauded public and private property by fabricating facts or concealing the truth, and the amount of fraud was large, so he should be punished by criminal law.
1. What's the sentence for fraud?
1. If a large amount of public or private property is defrauded, or there are serious circumstances, it constitutes a crime of fraud, and criminal responsibility can be investigated, and the offender can be sentenced according to the actual circumstances.
2. Criteria for determining the amount of fraud:
(1), defrauding public and private property with a value of more than 3,000 yuan to 10000 yuan is a large amount of fraud;
(2) defrauding public or private property worth more than 30,000 yuan10,000 yuan is a huge crime of fraud;
(3) If the value of public or private property is more than 500,000 yuan, the amount of fraud is particularly huge.
3. Severely punish fraud:
(1) defrauding an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
4. Legal basis: Articles 1 and 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.
2. What are the circumstances in which the crime of fraud is exempted from criminal punishment?
Gao Liang's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that although the fraudulent public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if it has one of the following circumstances, and the perpetrator pleads guilty and repents, according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law, it may not be prosecuted or exempted from criminal punishment:
Having a statutory lenient punishment;
(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;
(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(4) the victim understands;
(5) Other circumstances are minor and harmless.
Fraud of the property of a close relative, which is forgiven by the close relative, can generally not be treated as a crime. If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.
According to the provisions of the Judicial Interpretation of Handling Criminal Cases of Fraud, if the amount of public or private property is large or there are serious circumstances, it will constitute the crime of fraud, and criminal responsibility can be investigated according to the actual situation and the criminal can be sentenced. I hope the above content can help you. If you have any other questions, you can click the button below or consult a professional lawyer in Hualv.com. ..
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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.