Elements of fund-raising fraud
There is no such thing as "economic fraud" in law. The economic fraud mentioned in China's current laws is mainly divided into general fraud, contract fraud and financial fraud. What are the conditions for the crime of economic fraud? 1, object element. The object of the crime of economic fraud is the ownership of public and private property. Only when the ownership of public and private property is involved can it be identified as the crime of economic fraud, while some criminal activities do not belong to the scope of this crime when ownership is not involved. As far as the object of crime is concerned, the object of crime is limited to the property of the state, the collective or the individual. 2. In the objective elements, the property ownership is illegally obtained by fraud, while in the form, there are mainly two situations: fictional facts and concealing the truth, through which the actor can make a wrong behavior. 3. Subject elements: The subject of the crime of economic fraud is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. 4. Subjective elements are intentional in the subjective aspect of crime, aiming at illegal possession of public and private property, so they are intentional in the subjective elements. Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC)? 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.