First, the elements of the crime of bride price fraud
The constitution of the crime of bride price fraud needs to meet the following conditions: first, the actor aims at illegal possession, that is, subjectively, there is a deliberate intention to defraud the other party's property; The second is to fabricate facts or conceal the truth, so that the other party has a wrong understanding and delivers property by deception; Third, the amount of property defrauded is large, reaching the standard of criminal filing.
Second, the determination of filing standards
In judicial practice, the filing standard of bride price fraud is usually based on the amount of property defrauded, criminal means, social influence and other factors. Generally speaking, if the amount of property defrauded is large, and the perpetrator uses bad deception, which has caused great social impact, it should be recognized as the crime of bride price fraud and placed on file for investigation.
Third, the distinction between bride price fraud and normal marriage behavior.
It should be noted that in the normal process of marriage and love, the delivery of bride price is often based on the wishes and customs of both parties and should not be considered as fraud. The crime of bride price fraud can only be constituted if the actor subjectively has the purpose of illegal possession and defrauds the other party's property by deception.
Fourth, prevent and combat bride price fraud.
In order to prevent and combat the crime of bride price fraud, on the one hand, we should strengthen the supervision of the marriage and love market and severely crack down on false propaganda and deception; On the other hand, it is also necessary to raise the public's legal awareness, guard against the risk of marriage fraud, and avoid infringement of their own rights and interests.
To sum up:
The standard of filing the crime of bride price fraud is mainly based on the amount of property defrauded, criminal means and social influence. In the normal process of marriage and love, the delivery of bride price should be based on the willingness and customs of both parties, rather than cheating for illegal possession. In order to prevent and crack down on bride price fraud, it is necessary to strengthen market supervision and raise public legal awareness.
Legal basis:
Criminal law of the people's Republic of China
Article 266 stipulates that:
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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 stipulates:
Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.