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Is it possible to file a case against the cheated individual whose property is about 5000 yuan?

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Is it possible to file a case against the cheated individual whose property is about 5000 yuan?


        

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  • 2024-06-14 17:00:00

    Is it possible to file a case against the cheated individual whose property is about 5000 yuan?
    According to the provisions of Article 1 of the Interpretation of the Supreme People's Court on Several 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"; 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. The higher people's courts of each province, autonomous region and municipality directly under the Central Government may, according to the economic development of the region and taking into account the social security situation, determine the "large amount" and "huge amount" of individual fraud carried out in the region, as well as the fraud committed by the unit, within the range of "2000 to 4000 yuan" and "30000 to 50000 yuan", and investigate the criminal responsibility of the relevant personnel, With reference to the amount specified in the fourth paragraph of this article, determine the specific amount standard for the application of Article 151 or Article 152 of the Criminal Law, and report to the Supreme People's Court for the record. Therefore, a case can be filed if the fraud is between 2000 yuan and 4000 yuan. The specific amount will be determined between 2000 yuan and 4000 yuan depending on the province.

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    2024-06-14 17:00:00

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