There are many cases of intentional injury between husband and wife or close relatives, but considering the special relationship between the two sides, they are treated differently from crimes in society. Marriage is not an exemption. If there is a marriage relationship, it is required that the subject of fraud is unmarried parties, which obviously violates the provisions of the criminal law on fraud as a general subject.
Accurately handling cases of cheating money by marriage and distinguishing immoral marriage from marriage fraud crimes can be identified and judged from the following aspects:
First, judging from the time when the crime is intentional, the crime of cheating money in marriage often occurs before the marriage relationship is established, and the crime of illegally occupying other people's money is an important component of the crime of marriage fraud.
Second, in the objective behavior, the method of fabricating facts and concealing the truth is adopted to defraud the victim's trust. After the actor obtained the property by deception, he used it for personal extravagance. In order to cover up the fraud and gain the trust of the victim, the actor sometimes spends a small sum of money on the victim, but the money is still controlled and dominated by the actor himself.
Third, judging from the ownership of the cheated property, the cheated property is the property of one party before marriage or other people related to the victim, and does not belong to the property of both husband and wife after the marriage relationship is established.
Fourth, after the crime, referring to the victim's attitude, the judicial organ can consider whether it is necessary to prosecute the crime, so as to achieve the unity of legal effect and social effect.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.