The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" was issued at the 1512th meeting of the Judicial Committee of the Supreme People's Court on February 21, 2011, and in November 2010 It was passed at the 49th meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on the 24th and will come into effect on April 8, 2011.
March 1, 2011
In order to punish criminal fraud activities in accordance with the law and protect the ownership of public and private property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, and in combination with the needs of judicial practice, we hereby Several issues concerning the specific application of law in handling criminal cases of fraud are explained as follows:
Article 1: Those who defraud public or private property in relatively large amounts shall be convicted and punished as fraud: defrauding public or private property worth more than 3,000 yuan to 10,000 yuan, If the amount exceeds 30,000 yuan to 100,000 yuan or 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.
Article 266 of the "Criminal Law of the People's Republic of China" Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or If there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years. shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.