The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases of Fraud" was issued by the Judicial Committee of the Supreme People's Court at its 1512th meeting on February 21, 2011, and by the Supreme People's Procuratorate at its 1512th meeting. Adopted at the 49th meeting of the Eleventh Procuratorate Committee on November 24, 2010, it is hereby announced and shall come into effect on April 8, 2011. Effective from April 8, 2011.
March 1, 2011
In order to punish criminal fraud activities in accordance with the law and protect the ownership of public and private property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, and in combination with the needs of judicial practice, we hereby Several issues concerning the specific application of law in handling criminal cases of fraud are explained as follows:
Article 1. Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance; if the amount is huge, he shall be sentenced to three years. Those who defraud public or private property worth more than 3,000 yuan but not more than 10,000 yuan, more than 30,000 yuan but not more than 100,000 yuan, or more than 500,000 yuan shall be deemed to be guilty of Article 266 of the Criminal Law respectively. "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 1.
The higher people's courts and people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.
Article 266 of the "Criminal Law of the People's Republic of China" Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or If 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and not more than ten years or life imprisonment. shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, such provisions shall prevail.