What are the constitutive elements of fraud?
1, object elements, the object of fraud is the ownership of public and private property. 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. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights;
2, objective elements, the crime of fraud is objectively manifested in the use of fraud, defrauding a large amount of public and private property;
3. Subject elements: the subject of the crime of fraud is a general subject, and any natural person who reaches the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud;
4. Subjective elements: the crime of fraud is subjective and intentional, with the purpose of illegally occupying public and private property. Under different criminal circumstances, the punishment for criminals of fraud is different, that is to say, the specific imprisonment time of criminals is different. The highest time is life imprisonment.
Determination of crime:
1, and the boundary of lending behavior.
If the borrower is in arrears for a long time for some reason, or fabricates a lie or conceals the truth to defraud money and materials, it can't be repaid at maturity, as long as there is no purpose of illegal possession, no profligacy or deception, and it really means repayment; There are also some people who forge repayment vouchers and lie that they have repaid their debts after they have owed them. This is still a loan dispute and does not constitute fraud.
2, the boundaries of debt evasion due to losses.
If it is indeed a fund-raising enterprise, but because of poor management, loss of debt, going out to avoid debt, or property debt disputes. This is essentially different from fraudsters who abscond with money for the purpose of illegal possession in the name of raising funds to run enterprises.
3, and the boundaries of fraud.
Both use deception, and the latter may also obtain property benefits, which are the same; But the subjective purpose, criminal means, the amount of property and the object of infringement are all different. The crime of swindling and cheating is a swindling and cheating act aimed at defrauding all kinds of illegal interests, pretending to be a state functionary, and damaging the prestige of state organs, social public interests or citizens' legitimate rights and interests. The fraud not only includes property (but not limited to the amount), but also includes work, position, honor, etc., which belongs to the crime of disturbing social management order. Criminals impersonate state functionaries to defraud public and private property, which infringes on property rights and damages the prestige and normal activities of state organs. They are implicated offenders, and the charges should be determined according to the main object and main harmfulness of the behavior. If the amount of property defrauded is not large, but the prestige of state organs is seriously damaged, it should be punished as the crime of swindling and cheating; Otherwise, it is defined as fraud. If two kinds of objects seriously infringe, they are generally treated as fraud according to the principle of one felony. Two kinds of crimes have been committed independently, and if they are not related to each other, they shall be dealt with according to the principle of combined punishment for several crimes.
4. The boundary between this crime and other fraud crimes stipulated in this Law.
The remaining chapters of this law respectively stipulate crimes such as fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud and contract fraud. These fraud crimes are the same as this crime in subjective and objective aspects, but they are different in subject, criminal means, subject elements and objects, which are easy to distinguish. Therefore, this article stipulates that "if there are other provisions in this law, those provisions shall prevail."
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
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.