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What are the specific sentencing standards for fraud?

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What are the specific sentencing standards for fraud?


        

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  • 2024-06-13 14:00:57

    What are the specific sentencing standards for fraud?
    What are the specific sentencing standards for fraud? The amount of public and private property defrauded by individuals is large; The amount of public and private property defrauded by individuals is huge. The Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases is to punish fraud crimes according to law. According to the relevant provisions of the Criminal Law of the People's Republic of China (hereinafter referred to as the Criminal Law) and the Decision of the Standing Committee of the National People's Congress on Punishing Crimes of Disrupting Financial Order (hereinafter referred to as the Decision), Here are some specific explanations on the trial of fraud cases: according to the provisions of Articles 151 and 152 of the Criminal Law, fraud involving a large amount of public and private property constitutes a crime of fraud. Individuals who defraud more than 2000 yuan of public and private property belong to "large amount"; Individual fraud of more than 30000 yuan of public and private property is considered as "huge amount". If an individual swindles public or private property of more than 200000 yuan, the amount of fraud is particularly huge. The huge amount of fraud is an important part of the determination of "the circumstances of fraud are particularly serious", but it is not the only circumstances. If the amount of fraud is more than 100000 yuan and one of the following circumstances occurs, it shall also be deemed as "particularly serious circumstances": (1) the ringleader of a fraud group or the principal offender of a joint fraud crime with serious circumstances; (2) Repeated criminals or those who commit crimes from place to place, causing serious harm; (3) Defrauding legal persons, other organizations or individuals of urgently needed means of production, which seriously affects production or causes other serious losses; (4) Defrauding funds and materials for disaster relief, emergency rescue, flood control, special care, relief and medical treatment, causing serious consequences; (5) Squandering the defrauded property so that the defrauded property cannot be returned; (6) Using fraudulent property for illegal and criminal activities; (7) Having received criminal punishment for fraud; (8) Causing death, mental disorder or other serious consequences of the victim; (9) Having other serious circumstances. If the person in charge and other persons directly responsible of the unit commit fraud in the name of the unit, and the income from the fraud belongs to the unit, and the amount is more than 50000 to 100000 yuan, the above-mentioned persons shall be investigated for criminal responsibility in accordance with Article 151 of the Criminal Law; If the amount is between 200000 yuan and 300000 yuan or more, the above-mentioned persons shall be investigated for criminal responsibility in accordance with Article 152 of the Criminal Law. For the crime of joint fraud, the criminal amount shall be determined according to the amount of the actor's participation in the joint fraud, and punishment shall be given according to the circumstances such as the actor's position, role in the joint crime and the amount of illegal gains. An attempt to defraud a person who has started to commit fraud but fails to obtain property for reasons other than the will of the perpetrator. Those who attempt to defraud, if the circumstances are serious, shall also be convicted and punished according to law. Do you understand this explanation?

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