Ask enthusiastic netizens and lawyers for help. A friend has been criminally detained for telecom fraud of 3000 yuan. Will he return the stolen money in time first and then go to jail? The police said

Ask enthusiastic netizens and lawyers for help. A friend has been criminally detained for telecom fraud of 3000 yuan. Will he return the stolen money in time first and then go to jail? The police said they must be sentenced. First of all, say the meaning first, regardless of other sentencing elements. If we only talk about the amount of fraud, under normal circumstances, we will not go to jail for defrauding 3000 yuan. The judicial interpretation stipulates the sentencing standard of fraud, and the amount below 4,000 yuan is a fine, not a fixed-term imprisonment.

Of course, if there are other aggravating circumstances, it is another matter. As I said at the beginning, fraud of 3,000 yuan only applies to fine punishment, only considering the amount of fraud and excluding other sentencing elements. I love you.

As for what the staff of our public security organs say to you, they must be sentenced, depending on what he specifically said and what the context is. A fine of gold is also a judgment. We can't say that this sentence must be right or wrong, because whether the judgment is decided by the court, not the public security organ.

The reference point of the crime of fixed-term imprisonment of not more than three years, criminal detention, public surveillance and single fine fraud;

First, if the amount of fraud is below 4000 yuan, it is a fine; If the amount of fraud is more than 4 thousand yuan but less than 5 thousand yuan, it is public surveillance punishment; If the amount of fraud is 5,000 yuan, he will be sentenced to three months of criminal detention, and the sentence will be increased by one month for each additional 1.670 yuan; If the amount of fraud is 1 10,000 yuan, the benchmark punishment is six months' imprisonment, and the imprisonment will be increased by one month for every increase of 1 10,000 yuan.

Second, it has one of the circumstances stipulated in Article 131 of the Criminal Law. If it is planned to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention.

So in summary, the amount of fraud you said is 3000 yuan. According to the sentencing benchmark punishment stipulated by judicial interpretation, because the amount is less than 4000 yuan, it should be a fine; Even if your friend has the statutory aggravating circumstances stipulated in Article 131 of the Criminal Law, if the punishment is aggravated, it will only be upgraded to criminal detention and should not be upgraded to fixed-term imprisonment. So, under normal circumstances, you won't go to jail.