What are the criteria for the crime of fraud to be huge and particularly huge? The standard for a huge amount is from 30,000 yuan to more than 100,000 yuan.
The standard for particularly large amounts is more than 500,000 yuan.
Characteristics of the crime of fraud:
The crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts and concealing the truth for the purpose of illegal possession.
The object of infringement is the ownership of public and private property, and the criminal object of the crime of fraud is public and private property, including movable and immovable property.
Objectively speaking, the perpetrator fabricates facts or conceals the truth, causing the victim to fall into a mistake and believe it to be true, thereby "voluntarily" transferring property from the victim to the perpetrator.
(1) "Fabricated facts" refers to fabricating facts that do not exist objectively. Fiction may be complete or partial fiction.
(2) "Concealing the truth" refers to concealing certain objective facts from the victim, causing him to fall into a misunderstanding, and thus hand over property.
Only when the amount of property obtained by fraud is relatively large does it constitute a crime.
The criminal subject is a general subject.
The subjective aspect can only be constituted by direct intention and must be for the purpose of illegal possession.
Reference materials
The concept and characteristics of the crime of fraud. Legal Education Network [cited on 2018-1-11] What is the huge amount standard for the crime of contract fraud by the public security organs
p>Article 224 of the "Criminal Law of the People's Republic of China" stipulates that for the crime of contract fraud, different sentencing ranges will be given based on the different standards of relatively large amount, huge amount and particularly huge amount. However, the current laws and relevant judicial interpretations do not clearly stipulate the above-mentioned amount standards, which brings great difficulties to judges in judicial practice in determining the sentencing range for the crime of contract fraud.
As early as December 24, 1996, Article 1 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" stipulates: Individuals who defraud public or private property of more than 2,000 yuan or 30,000 yuan If the amount exceeds 200,000 yuan or more, the amount is relatively large, particularly huge, or particularly large, respectively; Article 2 stipulates: Using economic contracts to defraud others of larger amounts of property shall constitute the crime of fraud. Although the 1997 Criminal Law separated the crime of contract fraud from the crime of fraud, the above-mentioned judicial interpretation has not been abolished. Except for the crime, its relevant provisions do not conflict with the new Criminal Law. Among them, regarding "relatively large, particularly huge, or large amounts" "Exceptionally large" provisions still apply. In the absence of other judicial interpretations, the higher courts of various provinces can only set the amount of crime in contract fraud cases based on the above judicial interpretations. It can be seen that in judicial practice, the determination of the crime amount in contract fraud cases is based on the above judicial interpretation and sentencing.
In the "Regulations on the Prosecution Standards for Economic Crime Cases" jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security on April 8, 2001, the starting point for the crime amount of contract fraud is 5,000 yuan to more than 20,000 yuan. , should be prosecuted. On May 7, 2010, Article 77 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" stipulates that "for the purpose of illegal possession, during the signing and performance of a contract, Anyone who defrauds the other party of property, amounting to more than 20,000 yuan, shall file a case for prosecution." This conflicts with the judicial interpretation of the Supreme People's Court on December 24, 1996 in terms of the standards for filing a case and pursuing prosecution. This leads to confusion in the determination of the amount of the crime of contract fraud in trial practice. For the same amount, the court's sentencing for contract fraud cases is generally lighter than that for fraud cases. Even so, the only basis for determining the amount level of the crime of contract fraud is the judicial interpretation of the Supreme People's Court on December 24, 1996.
On March 1, 2011, Article 1 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" issued by the Supreme People's Court and the Supreme People's Procuratorate stipulates that "defrauding public or private property worth 3,000 yuan to 10,000 yuan" If the amount exceeds RMB 30,000 to RMB 100,000, or exceeds RMB 500,000, it shall be deemed as 'relatively large amount', 'huge amount' or 'especially huge amount' as stipulated in Article 266 of the Criminal Law." . This regulation came into effect on April 8, 2011. If any previously released judicial interpretation is inconsistent with this interpretation, this interpretation shall prevail. In the 1996 Judicial Interpretation, the amount level of the crime of contract fraud was determined based on the amount level of the crime of fraud. This is not inconsistent with the new interpretation on March 1, 2011. For this reason, the "defrauding public and private persons" in the interpretation should be Property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be deemed as "relatively large amount" and "huge amount" as stipulated in Article 266 of the Criminal Law respectively. ', 'a particularly huge amount'" shall be applied to the sentencing of contract fraud.
In summary, the determination of the amount of the crime of contract fraud, before April 8, 2011, should be "individuals defrauding public and private property of more than 2,000 yuan, more than 30,000 yuan, and more than 200,000 yuan" , respectively, "large amount, extremely huge amount, extremely large amount"; after April 8, 2011, it should be "individual fraud of public and private property from 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, five If the amount exceeds 100,000 yuan, it is classified as relatively large amount, extremely huge amount, or extremely huge amount." The specific standards for relatively large and extremely huge amounts in each province have yet to be stipulated by each province in the range of "three thousand yuan to more than ten thousand yuan, and "thirty thousand yuan to more than one hundred thousand yuan". The crime of robbery is relatively large and the amount is huge. What is the standard?
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Robbery
Article 1: Robbery of public and private property "in a relatively large amount" or "in a huge amount" , the standards for "extremely huge amounts" are as follows:
(1) The robbery of public and private property worth more than RMB 500 to RMB 2,000 is considered a "large amount";
( 2) The robbery of public and private property worth RMB 5,000 to more than 20,000 yuan is classified as "huge amount"; (3) The robbery of public and private property worth RMB 30,000 to more than 100,000 yuan is classified as "huge amount";
The amount is extremely huge."
You can read the full text here: law-lib./law/law_view.asp?id=40754 What is the standard for a huge amount in the crime of official embezzlement?
1 , Paragraph 1 of Article 271 of the Criminal Law of the People's Republic of China stipulates that personnel of a company, enterprise or other unit take advantage of their position to illegally appropriate the property of their unit, and the amount is relatively large. If the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention. If the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and may also be subject to confiscation of property.
2 From the legal provisions, it can be seen that the amount of the crime of official embezzlement is, There is no clear provision, but referring to the interpretation issued by the Supreme People's Court, it stipulates the range of "5,000-20,000 yuan" for larger amounts. For huge amounts, 100,000 yuan is used as the starting point for huge amounts, and each The specific amount will vary depending on the region. In developed areas, the larger amount is about 100,000, which is generally 2-3 years in prison.
3. Regarding the sentencing issue for the specific amount of official embezzlement, The provisions of the Shanghai Court are relatively detailed. According to the Criminal Code of my country and the "Opinions on the Standards for Handling Certain Criminal Cases in this City (Trial)" by the Shanghai Higher People's Court, Shanghai People's Procuratorate, Shanghai Public Security Bureau, and Shanghai Justice Bureau (hereinafter referred to as the "Standards"), the starting point for sentencing of this crime is: the amount of official embezzlement is more than 15,000 yuan and less than 100,000 yuan, which belongs to the starting point standard of "large amount"; the amount of official embezzlement of more than 100,000 yuan is "large amount". “huge amount” starting point.
1. What are the manifestations of the crime of occupational embezzlement
(1) Taking advantage of one’s position
The so-called taking advantage of one’s position refers to taking advantage of one’s position Authority and position-related accommodations. Authority refers to the power within the scope of one’s position and position, and the convenience conditions related to one’s position refer to the convenience conditions formed by taking advantage of one’s authority or status, although one does not directly use one’s position or permission in the position. Or take advantage of the convenience of position or status through other personnel. Taking advantage of the convenience of one's position includes:
(1) Using one's power to supervise, be in charge, handle, decide or handle, and handle certain matters;
(2) Rely on, rely on Use your own power to command and influence subordinates, or take advantage of other personnel’s permission rights related to their positions and positions;
(3) Rely on, rely on permission rights, status to control, or influence other personnel, or use your authority to The permission rights of the requested personnel include, for example, the unit leader’s right to allocate and dispose of the unit’s property; the cashier’s right to handle and manage money; the general employee’s right to use the unit to temporarily hand over property, such as houses, for their own use and safekeeping, etc.
As for those who do not take advantage of the convenience of their position, but only take advantage of the convenience of work, such as familiarity with the environment, easy blending into the scene, easy access to the target, etc., even if they obtain property, it does not constitute this crime and constitutes a crime. , should be punished with other crimes such as theft.
(2) Misappropriation
The property of the unit refers to all the property that the unit possesses according to law, including the property owned by the unit in its own name or owned by the unit even though it is not owned in its own name. All property rights, intangible property rights and creditor's rights owned by the unit. Its specific form can be buildings, devices, inventory, cash, patents, trademarks, etc. The so-called illegal possession refers to using various means such as embezzling, stealing, and defrauding to make the property of the unit private, including treating the legally held property of the unit as one's own and disposing, using, and collecting it. The behavior of holding as one's own, such as falsely claiming that the unit house, equipment and other property owned by oneself is owned and selling it at a price; transferring the ownership of the unit house where one lives and registering it as one's own; or concealing and keeping things and falsely claiming that they are owned. It has been stolen, lost, damaged, etc., and it also includes the behavior of not possessing the unit's property but taking advantage of one's position to defraud, steal, embezzle, share it privately, and then convert it into private property. Regardless of whether it is first held and then turned into one's own, or one is not held first and turned into one's own by embezzling, stealing or defrauding, as long as it is essentially for the purpose of illegal possession and taking advantage of one's position to make such illegal possession If the intention is to express that the amount is relatively large, this crime can be constituted.
(3) Reaching a relatively large amount
If there is only illegal misappropriation of property of a company, enterprise or other unit, but it does not reach a relatively large amount, it cannot be constitute this crime. As for the larger starting amount, it refers to the misappropriation of the property of companies, enterprises and other units ranging from 5,000 yuan to more than 10,000 yuan. The amount of the crime of fraud is huge. Will I be sentenced for refund?
I will be sentenced.
1. According to Article 266 of the "Criminal Law": "Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; 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; 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 or life imprisonment, and shall also be fined or his property shall be confiscated. If there are other provisions in this law, the provisions shall apply.
2. According to Article 266 of the "Opinions of the Higher People's Court of Shaanxi Province on the Amount and Circumstance Standards for the Application of Relevant Provisions of the Criminal Law", a person who defrauded more than 20,000 yuan. If the amount is relatively large, the amount specified in the ninth amendment to the Criminal Law is huge. What is the standard for extremely large amounts?
Hello! The amount you mentioned in the ninth amendment to the Criminal Law is huge. Especially huge should refer to the sentencing standard for corruption crimes: more than 5,000 yuan but less than 50,000 yuan is considered relatively large, more than 50,000 yuan but less than 100,000 yuan is considered huge, and more than 100,000 yuan is considered particularly huge.
Thanks for reading! Determination of a relatively large amount of fraud and a huge amount of specialty products
"Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" Article 1: Fraudulent public and private property worth 3,000 yuan to Those exceeding 10,000 yuan, 30,000 yuan to 100,000 yuan, and 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively. ".
The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standards implemented in the region within the amount range specified in the preceding paragraph. , reported to the Supreme People's Court and the Supreme People's Procuratorate for filing. What is the standard for occupational embezzlement to be relatively large and huge?
1. Large amounts: "5,000-20,000 yuan"
2. Huge amounts: 20,000-100,000 yuan as the starting point for huge amounts
3. The amount is particularly huge: more than 100,000.
Paragraph 1 of Article 271 of the Criminal Law of the People's Republic of China and the People's Republic of China stipulates that personnel of a company, enterprise or other unit who take advantage of their position, Whoever illegally appropriates the unit's property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be subject to confiscation of property.
It can be seen from the legal provisions that there is no clear provision on the amount of the crime of embezzlement. Referring to the interpretation promulgated by the Supreme People's Court, in terms of larger amounts, the selection range is "5,000-20,000 yuan". In terms of huge amounts, 100,000 yuan is used as the starting point for huge amounts. Moreover, different regions differ, and the specific amount is still unclear. There will be differences. In developed areas, the larger amount is about 100,000, which is usually 2-3 years in prison.
Basic Penalty Table for the Crime of Embezzlement
Levels of Statutory Penalty Ranges and Amount Level Series for the Crime of Embezzlement Penalty level series
1 1.5-2 million, fixed-term imprisonment of less than 6 months, criminal detention
2 2-40,000, fixed-term imprisonment of 6 months to 2 years
3 40,000-60,000, 2-3 years in prison
4 60,000-80,000, 3-4 years in prison
5 80,000-100,000, 4-5 years in prison
6 100,000-500,000, 5-7 years in prison
7 500,000-1,000,000, 7-9 years in prison
8 1,000,000-5,000,000, 9-11 years in prison Imprisonment
9 5 to 10 million 11 to 13 years in prison
10 More than 10 million in 13 to 15 years in prison How to differentiate between huge amounts and amounts for statutory crimes constituting the crime of letter of credit fraud Particularly huge
For the crime of letter of credit fraud
If an individual commits letter of credit fraud with an amount exceeding 100,000 yuan, it is considered a "huge amount"; if an individual commits letter of credit fraud with an amount exceeding 500,000 yuan If the amount exceeds 100 yuan, it is classified as "extremely huge amount".
If an entity commits letter of credit fraud with an amount of more than 500,000 yuan, it is classified as "huge amount"; if an entity commits letter of credit fraud with an amount of more than 2.5 million yuan, it is classified as "extremely huge amount." What is the standard for the crime of occupational embezzlement?
If the amount is between 5,000 yuan and more than 10,000 yuan, the specific standards are determined by each province, autonomous region, and municipality within the above range. Therefore, the standards vary from place to place
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