According to the provisions of Article 266 of the current Criminal Law: "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 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.
Whoever cheats more than 300,000 yuan shall be sentenced to fixed-term imprisonment of 10 years in accordance with the provisions of the Criminal Law. If the amount is especially huge, it shall be given a lighter punishment, but the punishment shall not be mitigated.
Criminal law of the people's Republic of China
Article 63, paragraph 2? Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.
Article 25 and Article 27 of the Administrative Punishment Law stipulate five legal situations that should be given a lighter or mitigated punishment:
(1) A person who has reached the age of 14 but has not reached the age of 18 commits an illegal act;
(2) actively eliminating or mitigating the harmful consequences of illegal acts;
(3) Being coerced by others to commit illegal acts;
(four) with the administrative organs to investigate and deal with illegal acts with meritorious service;
(5) Other circumstances in which administrative punishment is given a lighter or mitigated according to law. The first view is that in the practice of industrial and commercial administration law enforcement, the case-handling organ can classify the parties with disability certificate, low guarantee certificate or family life difficulty certificate as the fifth case, and give them a lighter or mitigated punishment.
Extended data
Conditions for statutory commutation
During the execution of the penalty, a criminal has made one of the following major meritorious deeds:
(1) preventing others from committing major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society. If a prisoner has made one of the above six major meritorious deeds during his sentence, his sentence shall be reduced. ?
Case: A man was sentenced to 7 years' imprisonment and fined 80,000 yuan for defrauding 30 cases.
Defendant Zhang Moumou only has a primary school education, but in less than two years, he defrauded 30 cases on the grounds of failing the driving test, involving a sum of100000 yuan. 1October 7th, 165438, zhouzhi county People's Court held a public hearing to hear the case. The defendant Zhang Moumou was sentenced to 7 years' imprisonment and fined 80,000 yuan for fraud.
The court held that, for the purpose of illegal possession, Zhang Moumou fabricated facts and concealed the truth to defraud several victims of property, and the circumstances were serious, which constituted the crime of fraud. In view of his voluntary confession in court and his good attitude towards confession, he may be given a lighter punishment as appropriate. Accordingly, the court made the above judgment according to law.
Baidu Encyclopedia-Administrative Punishment Law
China people's congress network-criminal law