1. How long should I get for financial fraud?
1. Generally, people will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance for fraud, and they will also be fined.
Fraud also needs to be measured according to the amount of fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
2、
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.
Second, the difference between robbery and fraud
The difference between robbery and fraud is as follows:
1, different behavior. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
Robbery is an act of forcibly seizing public and private property by violence, coercion or other means against the owner and custodian of the property for the purpose of illegal possession.
2. Conviction and sentencing are different. Whoever cheats or 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 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 concurrently.
Fine or confiscation of property.
Sentencing for robbery, whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever falls under any of the circumstances stipulated in the Criminal Law shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
3. Will private lending become fraud or fund-raising?
1. Private lending may turn into fraud or fund-raising.
Generally speaking, private lending disputes will not turn into criminal fraud. If the borrower borrows money for the purpose of illegal possession and swindles the lender, it is fraud in itself, and there is no transformation problem.
2. When fraud is involved, the first time is to return it in time and ask the victim to apologize for compensation.
(1) A good attitude towards admitting mistakes will reduce the sentence. If it is best to get the victim's letter of understanding, lawyers can also fight for it in these aspects.
(2) Pay attention to appease the emotions of relatives, and don't let people do anything drastic in the detention center, because anything bad will have a bad influence on the final result. Only by stabilizing emotions and admitting mistakes economically can we strive for commutation, probation or a single penalty.
(3) Criminal cases are generally difficult to handle, and professional criminal lawyers are still needed. If fraud is involved, find a lawyer who has dealt with fraud cases. Such lawyers are more experienced and more handy in handling cases.
Financial fraud is a serious crime, which reveals the fraud conspiracy hidden behind the financial market. As the core of the global economy, financial market has attracted many investors and funds, but it has also become the target of some lawless elements. These fraudsters use various means, including false investment plans, market manipulation, and counterfeiting financial institutions. Deceive investors to obtain illegal benefits. They often take advantage of information asymmetry, legal loopholes and poor supervision, which makes financial fraud cases emerge one after another. For these crimes, the law has severely cracked down and the punishment has become heavier and heavier. The length of the sentence involved in the crime of financial fraud depends on many factors, including the amount of fraud, criminal means, criminal circumstances and so on. The judicial organs will seriously try financial fraud crimes in accordance with relevant laws and regulations, and give corresponding punishments according to law to safeguard the fairness, justice and safety of the financial market.
Legal basis:
People's Republic of China (PRC) criminal law:
The second part specifies that
Chapter III Crimes of Disrupting the Order of the Socialist Market Economy
Section 4 Crimes of Disrupting the Order of Financial Management Article 187 Any employee of a bank or other financial institution who absorbs clients' funds and fails to record them, if the amount is huge or causes heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 50,000 yuan but not more than 500,000 yuan. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.