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Unit crime of fraud

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Unit crime of fraud


        

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  • 2024-05-25 17:00:03

    For the crime of fraud, the criminal law does not stipulate the unit crime, and the unit generally does not belong to the subject of the crime of ordinary fraud. Up to now, the crime of fraud has not been included in the scope of unit crime in China's Criminal Law.

    Because the criminal law of our country does not stipulate that the unit can become the subject of the crime of fraud, this kind of behavior does not constitute a crime in the sense of the criminal law, which has adverse factors for combating crime and maintaining the socialist economic order.

    [Legal basis] Article 266 of the Criminal Law, if the crime of fraud involves defrauding public or private property, and the amount involved is relatively large, he 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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    2024-05-25 17:00:03

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