The sentencing standard of accomplice in gang fraud is to be lighter, mitigated or exempted from punishment on the basis of completed sentencing. The sentencing standard for fraud is:
1, if 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;
2. 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;
3. 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.
The difference between fraud and misappropriation of public funds lies in:
The difference between the crime of fraud and the crime of embezzlement includes the different objects of crime and the different objective aspects of crime. The main difference between the crime of fraud and the crime of embezzlement lies in the different behavior and objects.
1, different criminal targets;
2. The objective aspects of crime are different;
3. The main difference between the crime of fraud and the crime of embezzlement lies in the different ways of behavior and objects.
The sentencing of accomplices in gang fraud generally needs to be decided according to the specific circumstances:
1. If a gang commits fraud and constitutes an accessory to a crime, it shall be given a lighter or mitigated punishment or be exempted from punishment according to the accomplished standard;
2. 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 only be fined;
3. 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.
To sum up, an accomplice in a gang fraud case may be sentenced to fixed-term imprisonment of not more than three years and fined.
Legal basis:
Article 26 of the Criminal Law of People's Republic of China (PRC)
The ringleaders are those who organize and lead criminal groups to engage in criminal activities or play a major role in joint crimes.
A criminal group is a relatively fixed criminal organization in which three or more persons jointly commit crimes.
The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed.