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 relevant provisions of the Provisions on the Prosecution Standards of Economic Crime Cases are aimed at illegal possession. In the process of signing and performing the contract, anyone who defrauds the other party of property shall be prosecuted if he is suspected of one of the following circumstances:
1. Individuals defraud public or private property in an amount of more than 5,000 yuan but less than 20,000 yuan;
2. The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, with the amount ranging from 50,000 yuan to 200,000 yuan.
Article 224 of the Criminal Law stipulates that whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated: (1) Fictitious units or signing contracts in the name of others;
(2) Using forged, altered or invalid bills or other false certificates of property rights as collateral;
(3) Having no actual performance ability, tricking the other party into continuing to sign and perform the contract by performing the small contract first or partially;
(4) fleeing after receiving the goods, payment, advance payment or secured property paid by the other party; (5) defrauding the other party's property by other means.
The case of 1 with the filing standard of "individuals defrauding public and private property, with the amount ranging from 5,000 yuan to 20,000 yuan" shall be filed for investigation. This mainly refers to one of the five situations in which an individual commits contract fraud and defrauds others of property with a cumulative amount of more than 5,000 yuan but less than 20,000 yuan as stipulated in Article 224 of the Criminal Law.
In the second case of filing criteria, "if the directly responsible person in charge and other directly responsible personnel of the unit commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, the amount is more than 50,000 yuan but less than 200,000 yuan", it should be filed for investigation.
According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the prosecution standard of economic crime cases, insurance fraud should be prosecuted if it is suspected of one of the following circumstances: 1. Individuals engage in insurance fraud, and the amount is more than 1 10,000 yuan; 2 units engaged in insurance fraud, the amount of more than 50 thousand yuan.
20 15 latest sentencing standards for fraud.
Whoever commits this crime in length 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; 2. 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; 3. 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.
The legal reference point of fixed-term imprisonment of less than three years, criminal detention, public surveillance and single penalty.
(1) If the amount of fraud is less than 4,000 yuan, a fine shall apply; Between 4,000 yuan and 5,000 yuan, it is public surveillance; 5,000 yuan, three months of criminal detention, and each increase of 1670 yuan will increase the sentence by one month; 1000 yuan, for six months in prison, each increase of 1000 yuan, the sentence will be increased by one month;
(two) under any of the circumstances stipulated in Article 131, it is proposed to be sentenced to criminal detention and upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention.
Reference point of statutory benchmark punishment for fixed-term imprisonment of not less than three years but not more than ten years
Whoever cheats 40,000 yuan shall be sentenced to three years' imprisonment, and the term of imprisonment shall be increased by one month for every additional 2,000 yuan.
Reference point of statutory benchmark punishment for fixed-term imprisonment of more than ten years
Whoever cheats 200,000 yuan shall be sentenced to 10 years' imprisonment, and for every additional 4,000 yuan, the sentence shall be increased by one month.
Provisions on serious cases
In any of the following circumstances, the penalty is 10%:
(1) The ringleader of a fraud group or the principal of a major fraud crime;
(two) recidivist or fugitive crime, causing serious harm;
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;
(four) defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care and other funds and materials, resulting in serious consequences;
(five) squandering fraudulent property, resulting in fraudulent property can not be returned;
(six) the use of fraudulent property for illegal and criminal activities;
(7) Causing the victim's death, mental disorder or other serious consequences;
(eight) the defendant was sentenced to punishment or administrative punishment for fraud;
(9) Fraud 10 or more times.