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What is the crime of cheating marriage?

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What is the crime of cheating marriage?


        

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  • 2024-06-14 04:00:58

    What is the crime of cheating marriage? What is the crime of cheating marriage? According to the current law, there is no such crime as "cheating marriage". Fraudulent marriage: refers to the behavior of swindling money with marriage as a bait, or concluding a revocable marriage by deception. It is commonly known as "pigeon flying", which is the most common form of marital fraud. One party intentionally conceals and deceives the other party's unfavorable marriage situation, debt dispute, sexual orientation, family situation, marriage history, physical defect or disease, etc. [Example] The criminal suspect uses the legal marriage as a cover to cheat the legal marriage registration, which is a special case in the crime of fraud. At present, the targets of fraudsters are mainly focused on marriage fraud of the elderly and the poor, and fraud cases are on the rise. Fraudulent marriage has the same meaning as marital fraud. Extended information: If the amount of public or private property defrauded is relatively large, it will constitute a crime of fraud, which is generally not more than three years of fixed-term, criminal detention or public surveillance. The punishment according to the amount and circumstances is as follows: Article 266 of the Criminal Law of the People's Republic of China defrauded of public or private property, if the amount is relatively large, it will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and will also, or will only, 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 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property. Where this Law provides otherwise, such provisions shall prevail. According to the Interpretation of the Supreme People's Court on Some Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, individuals who defraud public or private property of more than 2000 yuan are considered as "large amount"; Individuals who defraud public or private property of more than 30000 yuan are considered as "huge amount". If an individual swindles more than 200000 yuan of public or private property, 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 recognized as "especially serious": (1) the ringleader of a fraud group or the principal criminal 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) (8) The victim has been subjected to criminal punishment for fraud, which has resulted in death, mental disorder or other serious consequences; (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 the provisions of 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. Do you understand this explanation?

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