How to deal with fraud and take the initiative to refund?

If the crime of fraud returns the proceeds of fraud, it may be given a lighter punishment. When sentencing, we should first determine a benchmark punishment according to the specific amount and circumstances of fraud, and then determine the specific term of imprisonment within the range of reducing the benchmark punishment by 30% according to the situation of returning stolen money and goods.

First, the process of returning stolen goods voluntarily in fraud cases:

1, family members or lawyers directly contact the case handlers and express their willingness to return the stolen goods;

2. Hand over all the stolen money and goods to the case-handling organ;

3. Negotiate with the victim to get the victim's understanding by returning stolen goods.

Two, fraudsters can apply for bail pending trial:

1. Those who meet the conditions of obtaining a guarantor pending trial may apply for obtaining a guarantor pending trial.

2. Those who defraud public or private property in an amount of more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to 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.

3. 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.

Three, although the fraud of public or private property has reached the standard of "a large amount", but under any of the following circumstances, and the perpetrator pleaded guilty and repented, no prosecution or exemption from criminal punishment:

1, with legal lenient punishment circumstances;

2, all returned stolen goods, restitution before the judgment of the first instance;

3, did not participate in the distribution of stolen goods or less stolen goods and not the principal;

4. Victim's understanding;

5. Other circumstances are minor and not serious.

Legal basis:

criminal law

Article 266

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 a huge amount or have other serious circumstances, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also 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.