Criminal fraud filing standard
The criteria for filing criminal fraud cases are as follows:
1, whoever defrauds public or private property worth more than 3,000 yuan but less than 10,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention, and may also be fined;
2. Whoever swindles public or private property in an amount of not less than 30,000 yuan but not more than 100,000 yuan, if the amount of fraud is huge or there are other serious circumstances, 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. Whoever cheats public or private property for more than 500,000 yuan, especially if the amount of fraud is huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, and shall also be fined or confiscated.
The composition of the crime of criminal fraud includes:
1. 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. Its goal should also exclude loans from financial institutions;
2. Objectively, it is characterized by using fraudulent methods to defraud a large number of public and private property;
3. Fraud makes the other party misunderstand, which is caused by the fraud of the actor; Even if the other party has some misjudgments, it does not prevent the fraud from being established.
The sentencing standard for fraud cases is:
1, suspected of fraud, the court will generally sentence him to fixed-term imprisonment of not more than three years, criminal detention or control, and concurrently or solely impose a fine;
2, suspected of a huge amount or other serious circumstances, generally sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and fined;
3. If the amount is especially huge or there are other particularly serious circumstances, it is generally sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine or confiscation of property.
To sum up, fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. If you are suspected of fraud, the court will generally impose a fixed-term imprisonment of not more than three years, criminal detention or control, and impose a fine or a single fine. Whoever defrauds public or private property in an amount of not less than 3,000 yuan but not more than 10,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention, and may also be fined.
Elements of fraud
1, object elements: the object of the crime of fraud is the ownership of others' property; The object of this crime is only the property of the state, the collective or the individual, not the benefits obtained by deception.
2. The crime of fraud is mainly manifested in the fact that the perpetrator uses fraud or conceals the truth to defraud other people's property, with a large amount; The crime of fraud is not limited to defrauding others of tangible things, but also includes defrauding intangible things and property interests.
3. Subjective elements, the crime of fraud is mainly manifested in the subjective aspect that the perpetrator is a direct and intentional act with the purpose of illegally possessing other people's property.
4. Subject elements: The subject of the crime of fraud is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud.
How many years does fraud usually cost?
According to the relevant provisions of China's criminal law, criminals who transfer and occupy other people's property by deception for the purpose of illegal possession commit fraud. If the crime of fraud reaches a relatively large amount, it is generally punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the amount of fraud by the perpetrator 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. If the amount of fraud by the perpetrator is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law
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.
Article 264 of the Criminal Law: Whoever steals public or private property in a relatively large amount, or commits repeated theft, burglary, armed theft or pickpocketing, 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.