In order to punish fraudulent criminal activities in accordance with the law and protect the ownership of public and private property, according to the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the needs of judicial practice, some issues concerning the specific application of law in handling fraudulent criminal cases are explained as follows:
essay
Fraud of public or private property reaches the standard of "large amount" as stipulated in Article 1 of this Interpretation, but under any of the following circumstances, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:
Having a statutory lenient punishment;
(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;
(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(4) the victim understands;
(5) Other circumstances are minor and harmless.
Article 4
Fraud of the property of a close relative, which is forgiven by the close relative, can generally not be treated as a crime.
If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.
Attempted fraud of extended data, with huge amount of property as the object of fraud, or with other serious circumstances, shall be convicted and punished. Sending text messages, making phone calls, the Internet and other telecommunications technology means to defraud an unspecified majority of people. The amount of fraud is difficult to verify, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud:
(1) Sending more than 5,000 pieces of fraudulent information;
(2) Making fraudulent phone calls for more than 500 times; (3) The fraudulent means are bad and the harm is serious.
If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).
Baidu Encyclopedia —— Explanation of "Two Highs" on the Specific Application of Laws in Handling Fraud Criminal Cases