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Is there a statute of limitations for fraud litigation?

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Is there a statute of limitations for fraud litigation?


        

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  • 2024-06-13 13:00:00

    The statute of limitations for fraud is 20 years
    1、 What are the constitutive elements of the crime of fraud?
    (1) Object Elements
    The object of this crime is the ownership of public and private property. Although some criminal activities also use some deceptive means and even pursue some illegal economic interests, the object of their violation is not or is not limited to the ownership of public and private property. Therefore, it does not constitute a crime of fraud. For example, abducting and trafficking women and children is a crime of violating personal rights.
    The object of the crime of fraud is limited to the property of the state, the collective or the individual, rather than defrauding other illegal interests. Its target should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.
    (2) Objective Elements
    This crime is objectively manifested as the use of fraud to defraud large amounts of public and private property.
    (3) Main elements
    The subject of this crime is a general subject, and any natural person who reaches the legal age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime.
    (4) Subjective element
    Subjectively, this crime is directly intentional, and has the purpose of illegal possession of public and private property.
    To sum up: the fraud should be judged and handled strictly based on the actual actual consequences of the facts involved and the seriousness of the circumstances, especially the identification and handling of the relevant matters. It should also be handled based on the actual consequences of the facts involved. If a serious illegal fact is created, it should be punished strictly. Do you understand?
    Legal provisions:
    Article 87 of the Criminal Law of the People's Republic of China states that a crime shall not be prosecuted after the following time limit:
    (1) Five years, if the maximum punishment prescribed is fixed-term imprisonment of less than five years;
    (2) 10 years, if the maximum punishment prescribed is fixed-term imprisonment of not less than five years but not more than 10 years;
    (3) Fifteen years, if the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years;
    (4) If the maximum punishment prescribed is life imprisonment or death penalty, 20 years shall elapse. If it is deemed necessary to prosecute after 20 years, it shall be reported to the Supreme People's Procuratorate for approval.
    Article 266 Whoever swindles public or private property, if the amount involved 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 shall 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.

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